Lawyers and Conveyancers Amendment Act 2008

1: Title
This Act is the Lawyers and Conveyancers Amendment Act 2008.
2: Commencement
This Act is deemed to have come into force on 1 August 2008.
1: Preliminary provisions
3: Principal Act amended
This Act amends the Lawyers and Conveyancers Act 2006. 2008-08-04 Lawyers and Conveyancers Act 2006
4: Purpose
The purpose of this Act is to enable lawyers who are employed by employer organisations or unions to provide legal services to persons who are members of their respective employers.
2: Amendments to principal Act
5: Interpretation
Section 6 employer organisation
a: whose members consist of employers; and
b: whose purpose is or includes the promotion of the interests of its members as employers health professional organisation
a: whose members consist of health practitioners within the meaning of the Health Practitioners Competence Assurance Act 2003; and
b: whose purpose is or includes the promotion of—
i: the professional standards of its members; and
ii: the interests of its members in their capacity as health practitioners union
a: has the same meaning as in section 5 of the Employment Relations Act 2000; and
b: includes an organisation—
i: whose members consist of unions; and
ii: whose purpose is or includes the promotion of the interests of its members as unions; and
c: includes a health professional organisation .
6: Misconduct defined in relation to provision of regulated services by employees
1: Section 9(1) ; or
i: by an employer organisation; or
j: by a union.
2: Section 9
1A: Despite subsection (1), a lawyer is guilty of misconduct if, in the course of his or her employment—
a: by an employer organisation, he or she provides—
i: legal services to a person other than the organisation or a member of the organisation; or
ii: legal services to a member of the organisation that are not relevant to his or her or its membership of the organisation; or
iii: regulated services that are not legal services to any person; or
b: by a union, he or she provides—
i: legal services to a person other than the union or a member of the union; or
ii: legal services to a member of the union that are not relevant to his or her or its membership of the union; or
iii: regulated services that are not legal services to any person.
1B: For the purposes of subsection (1A)
a: the member's rights, obligations, or liabilities in his or her capacity—
i: as a member of the employer organisation or union; or
ii: as an employer or employee; or
b: any matter concerning or arising out of any employment relationship (within the meaning of the Employment Relations Act 2000), including any former or prospective relationship of that kind; or
c: any claim or action by or against the member under any enactment specified in section 236(4) of the Employment Relations Act 2000; or
d: compliance with any enactment or other requirement governing the performance of the duties of the member in the conduct of the member's normal business or profession; or
e: any question or matter concerning the member's professional liability, entitlement under any contract of insurance relating to professional liability, or compliance with professional standards.
7: Exceptions to section 9
Section 10(1)(a) (a) to (h) (a) to (j)
8: Reserved areas of work for lawyers and incorporated law firms
Section 24
1A: For the purposes of subsection (1), an employer organisation or a union does not carry out work of the kind referred to in paragraph (a) or (b) of that subsection merely because—
a: the employer organisation employs a lawyer who carries out work of that kind for members of the organisation, whether or not the organisation receives any gain or reward for that work:
b: the union employs a lawyer who carries out work of that kind for members of the union, whether or not the union receives any gain or reward for that work.
9: Lawyers to whom, and incorporated law firms to which, this Act applies
Section 307(4) ; or
e: provides, in his or her capacity as an employee of an employer organisation, regulated services to that organisation or to a member of that organisation; or
f: provides, in his or her capacity as an employee of a union, regulated services to that union or to a member of that union.
10: Effect of practice rules of the New Zealand Law Society
Section 107(1) members of the New Zealand Law Society, and on all incorporated law firms and former incorporated law firms,