APEC economy: New Zealand; Jurisdiction: New Zealand
Temporary practice ('fly-in, fly-out' practice)
Foreign lawyers may practise in New Zealand but must not provide legal services in the reserved areas set out in the Lawyers and Conveyancers Act 2006.
The relevant legislation is sections 25 and 27(1)(b)(ii) of the Lawyers and Conveyancers Act 2006.
Limited licensing of foreign lawyers (foreign legal consultant rules)
New Zealand does not regulate foreign lawyers nor provide them with any type of licence to practise in New Zealand.
Full licensing
A foreign lawyer can obtain a certificate to practise New Zealand law in this jurisdiction after fulfilling certain requirements. The relevant legislation is the Lawyers and Conveyancers Act 2006.
In order to obtain a full licence to practise New Zealand law in this jurisdiction, foreign lawyers must have his or her overseas qualifications assessed (see www.nzcle.org.nz), complete any requirements, obtain a certificate of character and certificate of completion, seek admission as a barrister and solicitor, and apply to the New Zealand Law Society for a practising certificate. Australian lawyers (those with current practising certificates) are able to seek registration (for admission and practising certificate) under the Trans Tasman Mutual Recognition Act 1997.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by local law practices;
- local lawyers may not be employed by a foreign lawyer or foreign firm to act for that firm’s clients but may be retained on a professional basis by a foreign law firm to provide legal services;
- foreign firms are permitted but are not required to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law;
- foreign firms are not permitted to enter into commercial association with local lawyers or law firms.
Other regulatory issues
In this jurisdiction:
- foreign lawyers can establish an office in New Zealand;
- there are no specific rules in relation to advertising in relation to law firms, but section 23 of the Lawyers and Conveyancers Act 2006, and the Fair Trading Act 1986 have provisions that prohibit misleading advertising;
- foreign lawyers can describe themselves as lawyers (or otherwise as set out in section 21(1) Lawyers and Conveyancers Act 2006) but the description must state the country in which they are able to practise under that description (see section 25(2) Lawyers and Conveyancers Act 2006).
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | New Zealand Law Society | www.lawsociety.org.nz |
| Peak professional association representing the legal profession | New Zealand Law Society | www.lawsociety.org.nz |
| Other associations playing a significant role in developing policy for the legal profession | The Ministry of Justice (incorporates Legal Services Agency, Lawyers Complaints Review Officer and Disciplinary Tribunal) | www.justice.govt.nz |
| New Zealand Council of Legal Education | www.nzcle.org.nz |