RULES OF THE NEW ZEALAND LAW SOCIETY
The First Edition of these Rules was printed in November 1992 and incorporated Rules made by the Council on 10 April 1992. Rule 10.4 came into force on 1 October 1992, Rule 3.4 came into force on 1 December 1992 and the balance of the Rules came into force on 14 April 1993.
The Second Edition was printed in August 1996 and incorporates amendments made by the Council on 7 April 1995 (Rule 10.4) and 9 April 1996 (Rules 3.5, 19.2, 19.3 and 19.6).
The Third Edition was printed in July 1998 and incorporates amendments made by the Council on 29 August 1997 (Rules 9.6 and 13.5), 26 March 1998 (Rules 8.10 and 8.11) and 15 April 2000 (Rules 2.1.3, 2.2.1, 2.2.2, 2.6, 6.8.3, 10.2.5 and 21.8).
The
name, membership and general functions of the Society shall be as prescribed
by statute from time to time and for convenience the following sections of the
Law Practitioners Act 1982 (hereinafter called "the Act") in force on the date
these Rules were adopted are reproduced:
1.1 Name
Section 3(1) provides:
"There shall continue to be a Society called the New Zealand Law Society (hereinafter referred to as "the Society"), being the Society constituted under the Law Practitioners Act 1955 and existing at the commencement of this Act."
1.2 Membership
Section 3(2) provides:
"The Society shall consist of all practitioners who for the time being are members of any District Law Society and hold current practising certificates as barristers or as solicitors or as both."
Section 16(1) provides:
"The Council may from time to time elect any person to be an honorary member or an associate member of the Society in accordance with the Society's Rules."
1.3 General Functions of Society
Section 4 provides:
(1) The general functions of the Society shall be -
(a) To promote the interests of the legal profession and the interests of the public in relation to legal matters:
(b) To promote and encourage proper conduct among the members of the legal profession:
(c) To suppress illegal, dishonourable, or improper practices by members of the legal profession:
(d) To preserve and maintain the integrity and status of the legal profession:
(e) To promote opportunities for the acquisition and diffusion of legal knowledge:
(f) To assist in and promote the reform of the law:
(g) To provide means for the amicable settlement of professional differences between members of the legal profession.
(2) The Society shall have such other functions as are conferred on it by this or any other Act."
2.1 The Council of the Society shall consist of:
2.1.1 The following members elected by the Council in the manner provided by these Rules:
(a) The
President
(b) The Vice-Presidents
(c) The President-Elect (if any) and
(d) The Treasurer.
2.1.2 The following members elected annually by District Law Societies from their own members pursuant to the provisions of Section 11 of the Act:
(a) Four
members elected by the Auckland District Law Society
(b) Three members elected by the Wellington District Law Society
(c) Three members elected by the Canterbury District Law Society
(d) Two members elected by the Otago District Law Society
(e) Two members elected by the Hamilton District Law Society
(f) Such number of other members as there are other District Law Societies
one to be elected by each of those Societies.
2.1.3 The Chairperson or President of each section established by the Board pursuant to Rule 21.1 of these Rules or a nominee of that person.
2.2
2.2.1 Each District Law Society shall, immediately after it has elected a member or members of the Council, notify the Executive Director in writing of the names of the member or members so elected.
2.2.2 Each section shall notify the Executive Director in writing of the name of the chairperson or president or their nominee who shall be that section’s representative on the Council.
2.3 The President, any Vice-President, the Treasurer or any member of the Council may resign from office and from the Council by notice in writing addressed to the Executive Director.
2.4 Any vacancy occurring among the members of the Council elected pursuant to Rule 2.1.2 hereof shall be filled by the Council of the District Law Society which elected the member who has ceased to hold office electing or appointing a replacement member for the balance of the annual term then vacant.
2.5 All members of the Board who are not members of the Council pursuant to Rule 2.1 shall be entitled to attend each meeting of the Council and speak thereat but shall not be entitled to vote.
3. PRESIDENT AND OTHER OFFICERS
3.1 Subject to the provisions of Rule 3.3, the Council shall at each annual meeting elect the following officers:
(a) A President
(b) Four Vice-Presidents, of whom:
(i) One
shall be elected from the members of the Wellington District Law Society
(ii) One shall be elected from the members of the Auckland District
Law Society
(iii) One shall be elected from the members of the Society practising
in the North Island who are not members of the Wellington District Law
Society or of the Auckland District Law Society; and
(iv) One shall be elected from the members of the Society practising
in the South Island.
(c) A Treasurer.
3.2 Where the President in office is not available for or eligible pursuant to Rule 3.8.1 for re-election for a further annual term the Council shall:
(a) At the
meeting immediately before the next annual meeting, or
(b) If election at that meeting is not practicable, at the next meeting
of the Council
elect a President-Elect, who may hold that office in conjunction with any other office.
3.3
3.3.1 Subject to Rule 3.8.3, a President-Elect in office shall, without further election, assume the office of President immediately following the adoption of the Annual Report and Annual Accounts at the next ensuing annual meeting.
3.3.2 In the event of the term of the office of the President being extended pursuant to Rule 3.8.2, the President-Elect in office shall without further election assume the office of President immediately on the termination of the extended term of office of the President.
3.4 Nominations in writing for the offices of President, President-Elect and Vice-President may be made by any District Law Society. Nominations shall reach the Executive Director at least one month before the date of the meeting at which the election is to be held or such lesser time as may be approved by the Council either before or at such meeting.
3.5 Only members of the Board appointed or elected by the Council shall be eligible for election to the office of Treasurer for the ensuing year. Nomination for the office of Treasurer shall be made orally at the annual meeting of the Council in each year after membership of the Board has been declared.
3.6 Where, during any term of office, any vacancy occurs in the office of President, President-Elect, Vice-President or Treasurer, the Council may elect a person qualified to fill such vacancy for the unexpired term of such office. Nominations in writing for the office of Treasurer may be made by any member of the Council and nominations for any other office so vacant may be made by any District Law Society and shall reach the Executive Director at least 14 days before the meeting of the Council next following the occurrence of such vacancy or such lesser time as may be approved at such meeting.
3.7
3.7.1 If, in respect of any office, only one nomination is made pursuant to Rules 3.4, 3.5, or 3.6 the nominee shall be declared elected to that office at the meeting of the Council at which the nomination is made under Rule 3.5 and at the first meeting of the Council following the closing of nominations in other cases.
3.7.2 If, in respect of any office, no nomination is received pursuant to Rules 3.4, 3.5 or 3.6 the Council may, at its next meeting following the closing of nominations, on its own motion fill such office.
3.7.3 If, in respect of any office, more nominations than one are made pursuant to Rules 3.4, 3.5 or 3.6 the Council shall immediately following the closing of nominations, elect one of the nominees to such office.
3.8
3.8.1 Subject to Rule 3.8.2 the President shall not be eligible for re-election to that office for any further annual term immediately after having served three consecutive years in that office.
3.8.2 The Council may extend the term of office of a President for a period not exceeding six months.
3.8.3 In the event of the Council extending the term of office of a President pursuant to Rule 3.8.2 whilst a President-Elect is in office, the term of office of such President-Elect shall ipso facto be extended for a like period.
3.9
3.9.1 The President (except when a President-Elect is in office), the Vice-Presidents and the Treasurer shall each hold office until a successor is elected.
3.9.2 Subject to Rule 3.8.2, when a President-Elect is in office the President shall hold office until the adoption of the Annual Report and Annual Accounts at the annual meeting of the Council.
4.1 The Council shall at each annual meeting elect an Auditor.
4.2 The Auditor shall not be a member of the Society.
4.3 The Auditor shall be a member of the New Zealand Society of Accountants provided however that the Council may elect a firm of Chartered Accountants as Auditor where such firm comprises at least a majority of partners who are members of the New Zealand Society of Accountants.
4.4 The remuneration of the Auditor shall be approved by the Board.
5.1 A meeting of members of the Society shall be held only on the passing of a resolution of the Council which resolution shall state the time and place of such meeting, the business to be transacted and the procedure and method of voting to be adopted.
5.2 The Executive Director shall at least 28 days before the date of the meeting cause a copy of such resolution to be notified to all members of the Society in accordance with the requirements of Rule 12.
6.1 The Council shall hold:
(a) An annual
meeting on such date during the months of March or April as shall be fixed
by the Board
(b) Such other meetings as may be summoned by the President or
by any four members of the Council.
6.2 Meetings of the Council shall be held at the offices of the Society in Wellington unless, for some special reason, the Board resolves that any meeting of the Council should be held in some other place.
6.3 If the Board fails to fix dates for the annual meeting or for any other meeting required pursuant to Rule 6.1(b) the President may fix the date for such meeting.
6.4
6.4.1 Prior written notice of every meeting of the Council shall be given by the Executive Director to:
(a) Each District Law Society and to
(b) The members of the Council and to
(c) The members of the Board.
6.4.2 Such notice shall be given not less than 28 days before the meeting save that in the case of a meeting to be held by telephone under Rule 6.9 notice shall be given not less than 7 days before the meeting.
6.4.3 The periods of notice specified in Rule 6.4.2 may be abridged by:
Such abridgement (and the reasons therefor) shall be recorded in the notice of that particular meeting.
6.5 At every meeting of the Council, the President or in the President's absence, a Vice-President or in the absence of the President and all the Vice-Presidents, the Treasurer, shall chair that meeting. If the President and all the Vice-Presidents and the Treasurer are all absent, the Council shall elect a person to chair that meeting from among its members present at that meeting.
6.6 At each meeting of the Council, the quorum shall be 10 members of the Council, excluding, however, members who represent a section.
6.7
6.7.1 Any meeting of the Council lapsing for want of a quorum shall stand adjourned to such time and place as shall be fixed by the President of which (notwithstanding Rule 6.4.1) not less than 14 days notice shall be given to all members of the Council and all District Law Societies.
6.7.2 If the President has not caused a notice pursuant to Rule 6.7.1 to issue within 7 days after the lapsed meeting, such lapsed meeting shall stand adjourned to the same time and place 28 days after the original time.
6.7.3 The period of notice specified in Rule 6.7.1 may be abridged by:
Such abridgement (and the reasons therefor) shall be recorded in the notice of that particular lapsed meeting.
6.8
6.8.1 Any Vice-President or the Treasurer who is unable to attend a meeting of the Council may appoint in writing any member of the Board as an alternate to act in the stead of that Vice-President or the Treasurer as the case may be at that meeting of the Council. An alternate shall be not eligible to chair the meeting pursuant to Rule 6.5 unless specifically elected to that post by the Council.
6.8.2 Any member of the Council elected pursuant to Rule 2.1.2 who is unable to attend a meeting of the Council may appoint in writing, a member of the District Law Society which that member represents as an alternate to act in the stead of that member at that meeting of the Council.
6.9 Notwithstanding Rule 6.2 the contemporaneous linking together by telephone of members of the Council being not less than a quorum shall be deemed to constitute a meeting of the Council so long as the following conditions are met:
(a) All
members of the Council shall be entitled to notice of a meeting by telephone
and to be linked by telephone for the purposes of such meeting. Notice for
the purposes of this Rule may be given by telephone
(b) At the commencement of each meeting by telephone each member of the
Council taking part in that meeting by telephone must be able to hear each
of the other members taking part
(c) At the commencement of the meeting by telephone each member of the
Council must acknowledge his or her presence for the purpose of the meeting
to each other member taking part
(d) No member of the Council may leave a meeting by disconnecting his
or her telephone unless such member has obtained the express approval of
the person chairing the telephone meeting. Each member present at the commencement
of the meeting shall be deemed to have formed part of the quorum at all
times during the meeting by telephone unless express approval to leave the
meeting has been given to that member.
6.10
6.10.1 Notwithstanding Rule 6.2 a resolution in writing signed by not less than 18 members of the Council shall be as valid and effectual as if it had been passed at a meeting of the Council duly convened and held.
6.10.2 Any such resolution may consist of several documents in like form each signed by one or more members of the Council.
6.10.3 A telegram, telex, facsimile or cable purporting to have been sent by any one or more members of the Council shall be deemed for the purposes of this Rule to be a document signed by the member or members purporting to have sent it.
6.10.4 Any resolution made pursuant to this Rule 6.10 shall be placed before the next meeting of the Council for confirmation as if it were a minute of a resolution passed at a meeting of the Council duly convened.
7.1 The financial year of the Society shall end on the 30th day of November in each year.
7.2 At the annual meeting of the Council in each year an audited balance sheet and accounts for the Society for the immediately preceding financial year shall be submitted accompanied by a report from the Board to the Council on the affairs of the Society.
8.1 At all meetings of the Council, except when a poll is demanded, the President, the President-Elect, the Vice-Presidents and the Treasurer and each other member of the Council present shall be entitled to one vote. The person occupying the chair shall, in addition to a deliberative vote, have a casting vote.
8.2 Where no poll is demanded, a motion shall be carried or a candidate elected by a majority of the votes of the members of the Council present and voting.
8.3 Any member of the Council present at a meeting of the Council may demand that a poll be taken on any motion or series of motions or on any election or elections.
8.4 Where a poll is demanded, voting shall be by Districts and the member or members elected by each District Law Society pursuant to Rule 2.1.2 shall have (and in the case of any District Law Society with more than one member, between them) the number of votes specified in Rule 8.7 hereof.
8.5 Where a poll is demanded, the President, the President-Elect, the Vice-Presidents, the Treasurer and any member who represents a section shall have no vote nor shall the person occupying the chair have a casting vote.
8.6 Where any District Law Society is entitled on a poll to more than one vote its entitlement may be divided and votes cast both for and against any motion and, in the case of an election, for more than one candidate.
8.7 Where a poll is demanded:
8.7.1 Each District Law Society shall have a minimum of one vote.
8.7.2 Each District Law Society which has a membership in excess of 100 members shall have one additional vote for:
8.7.3 The membership of each District Law Society shall be determined according to the number of members for which it has in that year accounted to the Society for practising fees provided however that in the case of the annual meeting of the Council it shall be determined on the number of members for which it accounted in the preceding year.
8.8 Where a poll is demanded, the motion shall be carried or a candidate elected only if:
(a) A majority
of the total votes cast are cast in favour and
(b) The majority of the votes of not less than four District Law Societies
are cast in favour.
8.9 Notwithstanding the provisions of Rules 8.2 and 8.8 where the number of persons nominated for any of the offices of President, President-Elect, a Vice-President or Treasurer exceeds two the following voting procedures shall apply:
8.9.1 A poll may be demanded in respect of any office only before the first ballot for that office.
8.9.2 Where a poll is demanded in respect of any office, all ballots at that meeting for that office shall be conducted by a poll.
8.9.3 No candidate shall be elected to any of the said offices unless such candidate has received a clear majority.
8.9.4 "Clear majority" means:
(a) Where no poll has been demanded, a majority of the votes of the members of the Council present and voting, or
(b) Where a poll has been demanded, a majority in accordance with the provisions of Rule 8.8.
8.9.5 Subject to the provisions of Rule 8.9.7, where, on the first ballot, no candidate obtains a clear majority, a second ballot shall be conducted excluding therefrom the candidate who received the least number of votes in the first ballot.
8.9.6 Subject to the provisions of Rule 8.9.7, where, on a second or subsequent ballot, no candidate obtains a clear majority, subsequent ballots shall be conducted excluding on each subsequent ballot the candidate who in the immediately preceding ballot received the least number of votes.
8.9.7 If, in any ballot conducted between only two candidates, neither candidate obtains a clear majority, one further ballot between the same two candidates shall be held at that meeting. If on such further ballot neither candidate obtains a clear majority the election shall be declared null and void and the vacancy thus created shall be filled as a casual vacancy which has occurred upon such declaration.
8.9.8 When one of the candidates receives a clear majority such candidate shall be declared elected to that office.
8.10 Notwithstanding the provisions of Rule 8.2 and 8.8 where the number of candidates standing for election as members of the Board exceeds the number to be elected the following voting procedures shall apply:
8.10.1 A poll may be demanded only before the first ballot in that election.
8.10.2 Where a poll is demanded all ballots in that election shall be conducted by a poll.
8.10.3 No candidate shall be elected unless the candidate has received a clear majority.
8.10.4 "Clear majority" has the same meaning as in Rule 8.9.4.
8.10.5 If in any ballot no candidate receives a clear majority, a further ballot shall be conducted after excluding the candidate who received the least number of votes in the prior ballot. This Rule is subject to the provisions of Rule 8.10.8.
8.10.6 If in any ballot the number of candidates who receive a clear majority equals the number to be elected, then those candidates shall be declared elected.
8.10.7 If in any ballot the number of candidates who receive a clear majority is less than the number to be elected, then those candidates who receive a clear majority shall be declared elected and a further ballot for the remaining vacancies shall be conducted.
8.10.8 If in any ballot conducted between only two candidates neither candidate receives a clear majority, one further ballot shall be held. If on that further ballot neither candidate receives a clear majority, then the vacancy shall be filled as a casual vacancy as set out in Rule 10.5.
8.11 Where a poll is demanded, the Counci shall appoint two scrutineers who may be members of the Council or employees of the Society. If a member of the Council is a scrutineer such member of the Council shall not thereby be deprived of exercising any vote to which the District Law Society of which such member of the Council is a member is entitled to exercise.
9.1 Any District Law Society, the Board or any member of the Council desiring to bring any matter before a meeting of the Council shall give the Executive Director notice in writing thereof at least 21 clear days before the meeting. The Executive Director shall give notice of all such matters to all members of the Council, all members of the Board and to all District Law Societies.
9.2 Notwithstanding the provisions of Rule 9.1 any matters may be brought before any meeting of the Council with the consent of that meeting of the Council.
9.3 In books kept for that purpose, minutes shall be kept of the proceedings of the meetings of the Society, of the Council, and of the Board. All such minutes of the Council shall be placed before the next convenient meeting of the Council for confirmation. All other minutes shall be placed before the next meeting of the Board for confirmation. All such minutes shall record the names of the members of the Society attending each meeting, and in the case of meetings of the Society and the Council, the District Law Society of which each is a member.
9.4 Any meeting of the Council may be adjourned from time to time.
9.5 Copies of all minutes prepared for the purposes of Rule 9.3 after being approved by the President, or, in the absence of the President, the person who occupied the chair at the meeting to which they relate, shall be forwarded by the Executive Director to the Secretary of each District Law Society, to each member of the Board and to each member of the Council. All such copies of minutes shall be marked "Confidential to members of the Society".
9.6 Pursuant to s.17(2) of the Law Practitioners Act 1982 the Council hereby empowers itself to give rulings in respect of the application of any rules made under s.17 of the Law Practitioners Act 1985 and requires that such rulings be observed by practitioners.
10.1 There shall be a standing committee of the Society known as the Board.
10.2
10.2.1 The Board shall comprise:
10.2.2 Each of the Vice-Presidents who is not otherwise elected to the Board shall by virtue of the office be ex officio a member of the Board and shall be a member for so long as he or she holds the office of Vice-President.
10.2.3 The term of office of each member of the Board elected pursuant to Rule 10.6 shall be 2 years. Four members elected pursuant to Rule 10.6 at the annual meeting of the Council 2 years previously shall vacate office upon election of members of the Board to replace them at the annual meeting of the Council in each year.
10.2.4 No member of the Board elected by Council pursuant to Rule 10.6 shall be eligible for re-election to the Board after having served two terms of 2 years consecutively on the Board. Appointment pursuant to Rule 10.5 shall not be deemed a term of 2 years for the purposes of this Rule.
10.2.5 A member of the Society shall not be ineligible for election to the Board pursuant to Rule 10.6 merely because such member is at that time a member of the Council elected under either Rule 2.1.1 or 2.1.2.
10.3
10.3.1 Any member of the Board elected pursuant to Rule 10.6 may resign from the Board by notice in writing addressed to the Executive Director.
10.3.2 The term of office of any member of the Board elected pursuant to Rule 10.6 shall cease and determine if a resolution is passed by the Council removing that member of the Board from office.
10.4 Nominations in writing for the members to be elected to the Board pursuant to Rule 10.6 may be made by any three members of the Society and shall reach the Society at least one month before the date of the annual meeting of the Council or such lesser time as may be approved by the Council either before or at such meeting. Not later than 10 days after the closing date the Executive Director shall cause notice of the names of all nominees (accompanied by brief biographical information (if any) provided with the nomination) to be given to all District Law Societies, to all members of the Council and to all members of the Board.
10.5 Where, during any term of office, any vacancy occurs in the office of any member elected to the Board pursuant to Rule 10.6, the Board may appoint any member of the Society to fill such vacancy for the unexpired portion of such term.
10.6
10.6.1 If the nominations made pursuant to Rule 10.4 equal the vacancies on the Board being created in the ensuing year by Rule 10.2.3 the nominees shall be declared elected to the Board at the annual meeting of the Council next following the closing of nominations.
10.6.2 If nominations received pursuant to Rule 10.4 are less than the number of vacancies on the Board being created in the ensuing year by Rule 10.2.3 the Council at the annual meeting following the closing of nominations, shall declare the nominees elected to the Board and may on its own motion, appoint members of the Society to fill the balance of the vacancies on the Board.
10.6.3 If more nominations are received pursuant to Rule 10.4 than the number of vacancies on the Board being created in the ensuing year by Rule 10.2.3 the Council shall, at the annual meeting of the Council following the closing of nominations, elect the required number of members to the Board from such nominees.
10.7 Subject to Rule 10.14, meetings of the Board shall be held at the offices of the Society in Wellington or at such other place as the Board shall decide.
10.8 Meetings of the Board shall be held at such times as the Board may determine and at such additional times as the President (or, in the absence of the President, as a Vice-President) shall appoint.
10.9
10.9.1 Not less than 7 days prior written notice of every meeting of the Board and of the business to be transacted at that meeting shall be given by the Executive Director to the members of the Board and to the Secretary of every District Law Society.
10.9.2 The period of notice specified in Rule 10.9.1 may be abridged by:
(a) The President, or
(b) Any two of the Vice-Presidents.
Such abridgement (and the reasons therefor) shall be recorded in the notice of that particular meeting of the Board.
10.10 At every meeting of the Board the President, or in the President's absence, a Vice-President elected for that purpose by that meeting of the Board shall chair the meeting. If the President and all the Vice-Presidents are absent the Board shall elect a person to chair that meeting from among its members present at that meeting.
10.11 At each meeting of the Board the quorum shall be 5 members of the Board.
10.12
10.12.1 Any meeting of the Board lapsing for want of a quorum shall stand adjourned to the same time and place 7 days after the original time or such later time or other place as the President or, in the absence of the President, any two of the Vice-Presidents shall fix by notice given to all members of the Board within 3 days after the lapsed meeting.
10.12.2 The adjourned date specified in Rule 10.12.1 may be abridged by:
(a) The President, or
(b) Any two of the Vice-Presidents.
Such abridgement (and the reasons therefor) shall be recorded in the notice of that particular lapsed meeting of the Board.
10.13 At all meetings of the Board each member present shall be entitled to one vote. The person chairing the meeting shall, in addition to a deliberative vote have a casting vote.
10.14 Notwithstanding Rule 10.7 the contemporaneous linking together by telephone of members of the Board being not less than a quorum shall be deemed to constitute a meeting of the Board so long as the following conditions are met:
(a) All
members of the Board shall be entitled to notice of a meeting by telephone
and to be linked by telephone for the purposes of such meeting. Notice for
the purposes of this Rule may be given by telephone
(b) At the commencement of each meeting by telephone each member of the
Board taking part in that meeting by telephone must be able to hear each
of the other members taking part
(c) At the commencement of the meeting by telephone each member of the
Board must acknowledge his or her presence for the purpose of the meeting
to each other member taking part
(d) No member of the Board may leave a meeting by disconnecting his or
her telephone unless such member has obtained the express approval of the
person chairing the telephone meeting. Each member present at the commencement
of the meeting shall be deemed to have formed part of the quorum at all
times during the meeting by telephone unless express approval to leave the
meeting has been given to that member.
10.15
10.15.1 The principal function of the Board shall be to act as the executive body managing the affairs of the Society, implementing its functions and exercising all the rights and powers of the Society except those reserved to the Council under Rule 10.15.2 and without in any way limiting the generality of the foregoing:
(a) To consider
matters which shall from time to time be referred to it by direction of
or with the approval of the Council, or the President, or any Vice-President
acting on behalf of the Council and in its discretion either to deal with
such matters or to refer them to the Council for attention or further consideration
(b) To settle the form of submissions to be made to commissions, Select
Committees of Parliament, Government Departments or others on pending legislation,
reports and all aspects of law reform and the Rule of Law generally
(c) To appoint committees or persons (whether members of the Society
or not) to undertake such of its functions and to exercise such of its powers
as it shall from time to time think fit
(d) To hear and consider appeals or alternatively to appoint a committee
of three persons (of whom none need be members of the Society) to hear and
consider appeals pursuant to Section 30 of the Act and make decisions thereon.
10.15.2 Pursuant to Section 15(4) of the Act the Council delegates to the Board all of the functions and powers of the Council save and except:
(a) The power to elect the President, the Vice-Presidents and the Treasurer
(b) The power to elect members of the Board pursuant to Rule 10.6
(c) The power to elect honorary members pursuant to Rule 19.1
(d) The power to borrow money
(e) The power to make rules or to amend or vary any rules
(f) The power further to delegate the Council's power of delegation.
11.1 An Executive Director shall be appointed by the Board to be the principal executive officer of the Society and to undertake such other duties on behalf of the Society as shall from time to time be determined by the Board.
12.1 Where, pursuant to any rule, notification to all members of the Society is specified, notification shall be deemed to have been given to all members of the Society if it is either:
(a) Published
in LawTalk or other publication of the Society authorised by the
President for that purpose, or
(b) Dispatched by a separate notice
and in either case is forwarded to the last known business address of members without necessarily being personally addressed to each individual member.
13.1 The Board may from time to time appoint such special committees of such size as may be necessary for the conduct of the affairs of the Society. Such committees may include persons who are not members of the Society.
13.2 The Board shall appoint members to each special committee for such terms and otherwise as the Board shall from time to time determine.
13.3 The Board may determine the maximum continuous period of service by any member of any special committee.
13.4 Unless the Board otherwise directs the Board shall appoint a person to chair each special committee.
13.5 Pursuant to s.15(4) of the Law Practitioners Act 1982 the Council (without prejudice to Rule 10.15.2 of the Rules of the New Zealand Law Society which delegates certain of the Council's functions and powers to the Board), delegates to the Ethics Committee of the New Zealand Law Society the power to give rulings in respect of the application of the Rules of Professional Conduct made under s.17 of the Law Practitioners Act 1982 and Commentaries thereto. Applications in this regard by practitioners must be referred through the relevant District Law Society Council unless there is an emergency or the practitioner reasonably suspects that the Council might not be in a position to deal with the matter objectively or where it fails expeditiously to deal with the matter. Rulings of the Ethics Committee are to be observed by practitioners. The Council of the District Law Society or the practitioner concerned if not satisfied by any such ruling by the Ethics Committee may apply within 21 days of the notification of the ruling to have it reviewed by the Board. The decision of the Board will be final.
14. STATUTORY AND OTHER BODIES AND COMMITTEES
14.1 The statutory or other bodies and committees to which the Society or the Council makes appointments or recommends or nominates appointees include those set out in Schedule to these Rules.
14.2 Unless otherwise determined by the Board or, unless otherwise provided in any statute regulation or document creating such body or committee in all cases where appointments or recommendations or nominations are to be made from time to time, the maximum continuous term in office of any member elected, nominated or appointed by the Society or by the Council shall be 6 years.
14.3 Nominations in writing of candidates for election to such bodies or committees may be made by any District Law Society and shall reach the Executive Director by such date as the Board shall from time to time notify.
15.1 The Common Seal of the Society shall remain in the custody of the President or the Executive Director and shall be affixed to an instrument only on the resolution of the Council or of the Board and every instrument to which it shall be affixed shall be signed by:
(a) Two
members of the Board and the Executive Director, or
(b) Three members of the Board.
16.1 The Board may buy, sell, improve, manage, develop, exchange, dispose of, lease, turn to account or otherwise deal with any real or personal property vested in or belonging to or being acquired or managed for the benefit of the Society.
16.2 In accordance with Section 14 of the Act, the Council may borrow money required for any of the purposes of the Society, and, for the purpose of securing any money so borrowed, mortgage charge or pledge any right, title, estate or interest in any real or personal property vested in or owned by or being acquired by the Society.
17.1 All the funds of the Society shall be paid to the Executive Director who shall with all convenient speed place the same to the credit of the Society in a bank or banks named for that purpose by the Board.
17.2 All cheques shall be signed in such manner as the Board shall from time to time determine.
17.3
17.3.1 Unless the District Law Society shall have previously delegated to the Society the power to collect fees and levies on behalf of that District Law Society, each District Law Society shall, on or before the 31st day of March in each year, make returns to the Executive Director of the names of all practising members of such District Law Society who:
17.3.2 Unless the District Law Society shall have previously delegated to the Society the power to collect fees and levies on behalf of that District Law Society, each District Law Society shall, on or before the 31st day of March in each year make returns to the Executive Director of the names of all members who in the previous year held practising certificates and were members of such District Law Society who:
(a) Have
not paid an annual practising fee for that year
(b) Having in such previous year paid the fee payable in respect of the
Solicitors' Fidelity Guarantee Fund, have not paid the fee for such Fund
for the current year.
17.4 With any returns referred to in Rule 17.3 which any District Law Society is required to make, that District Law Society shall forward the amount due to the Society in respect of annual practising fees and fees payable to the Solicitors' Fidelity Guarantee Fund received by such District Law Society from its members.
17.5 Unless the District Law Society shall have previously delegated to the Society the power to collect fees and levies on behalf of that District Law Society, not less frequently than two monthly thereafter during the balance of the practising fee year each District Law Society shall make a return to the Executive Director of the names of all practising members of such District Society who, since the date of the previous return, have paid an annual practising fee or the fees payable in respect of the Solicitors' Fidelity Guarantee Fund in respect of that year and shall forward with each such return the amount due to the Society in respect of annual practising fees and fees payable to the Solicitors' Fidelity Guarantee Fund received by the District Law Society since the date of the previous return.
18.1 Pursuant to Section 9 of the Act, the Society may, by resolution of the Board, impose on each of its members a levy or levies not exceeding in the aggregate in any one financial year an amount equal to one-quarter of the practising fee payable in that financial year by each such member.
18.2 Any resolution pursuant to Rule 18.1 may provide for:
(a) Payment
of the levy by all members of the Society or by any specified class or classes
of members of the Society or by members of the Society practising in any
specified part or parts of New Zealand
(b) Payment of different amounts by any different class or classes of
members of the Society or by members of the Society practising in different
parts of New Zealand.
18.3 The amount of any such levy or levies shall unless the Board otherwise determines be payable in such manner as the Board shall stipulate on or before the date specified in the resolution imposing the levy or levies. Unless the District Law Society shall have previously delegated to the Society the power to collect fees and levies on behalf of that District Law Society, each District Law Society shall account to the Society within 14 days after the specified date for the amount of the levy or levies received with a return giving the names of members of that Society who have paid the levy or levies and shall account to the Society not less frequently than 2 months thereafter in respect of further payments of the levy or levies received by such District Law Society.
19.1 Upon the recommendation of the Board the Council may elect any person who, pursuant to Rules 19.2 and 19.3 is eligible, to be an honorary member of the Society.
19.2 No person shall be eligible for election as an honorary member of the Society who is the holder of a practising certificate in New Zealand as a barrister or as a solicitor or as both.
19.3 The Board shall not make any recommendation to the Council for the election of any person as an honorary member of the Society unless the Board is first satisfied that such person has rendered such particular service to the law or the Rule of Law or holds or has held such office in a legal professional association or body or to or in a judiciary in any country, that the contribution of such person warrants recognition by the Society by the conferring of the status of honorary member.
19.4 Unless the recommendation of the Board limits such election to a term of years or the duration of the term of a specified office held by such person, election as an honorary member shall be for the life of such person.
19.5 The Council may at any time revoke the election of any person as an honorary member of the Society.
19.6 Any honorary member of the Society who becomes the holder of a practising certificate in New Zealand as a barrister or solicitor or both shall thereupon cease to be an honorary member of the Society.
19.7 In accordance with section 16(2) of the Act no honorary member of the Society shall be eligible for election as a member of the Council of the Society or as a member of the Board or to vote at any meeting of the Society.
20.1 Subject to the provisions of the Society's Rules any person whether or not resident in New Zealand claiming a significant association with the legal profession through being or having been a member of the judiciary or through responsible employment or engagement (including as a legal executive) in the practice of a barrister or a solicitor or of both or in commerce, in Government or public service or by the Council of Legal Education or as a lecturer in law at a recognised tertiary institute or by any legal professional association or body, shall be eligible to become an associate member of the New Zealand Law Society.
20.2 No person shall be eligible to be or remain an associate member of the Society who:
(a) Ceases to be eligible according to Rule 20.1
(b) Is or becomes the holder of a practising certificate in New Zealand as a barrister or solicitor or as both
(c) Is or becomes an honorary member of the Society
(d) Has been struck off the roll of barristers and solicitors pursuant to sections 92, 112, or 113, of the Act or pursuant to the provisions of any earlier or subsequent enactment
(e) Is a practitioner suspended from practice as a barrister or solicitor or as both pursuant to sections 112 or 113 of the Act
(f) Is subject to an order made pursuant to section 114(2) of the Act prohibiting the employment of that person
(g) Is not a fit and proper person to be an associate member of the Society
20.3 Nominations for appointment as an associate member shall be:
(a) Made by a practising member of the Society
(b) On a form prescribed and supplied by the Society
(c) Accompanied by certified copies of the documents required by the prescribed form
(d) Verified by a statutory declaration made by the nominee
(e) Supported by the names and addresses of two referees at least one of whom being the employer or other person associated with the nominee in the employment or engagement
(f) Accompanied by such other information as the Board may require.
20.4
(a) The provisions of Rule 20.3 shall not apply to any person who is or has been a member of the judiciary. In the case of such persons, applications for appointment as an associate member shall be on a form prescribed and supplied by the Society and shall be accompanied by such other information as the Board may require.
(b) The provisions of Rule 20.3(e) shall not apply to any person who has ceased to be a practising member of the Society during the previous three years and who had immediately before that been a practising member for a minimum period of five continuous years.
20.5
(a) The Board may make such inquiry as it considers fit as to the eligibility of the nominee for membership.
(b) Where the nominee resides in New Zealand the Board may take into account any report made to it by the council of the District Law Society having jurisdiction in the place where the nominee resides or is employed or engaged to which District Law Society the Board may refer the nomination together with the declaration and referees' reports.
(c) The Board may in any other case refer the nomination to the legal professional association or body out of New Zealand where the nominee resides and obtain a report thereon.
(d) The Board may generally or in any particular case waive the requirements of Rule 20.3 or 20.4.
20.6 Where the Board is satisfied:
(a) That
the nominee is eligible according to the foregoing provisions of this Rule
and
(b) Has a significant association with the legal profession and
(c) Such association is likely to promote the interests of the legal
profession and the interests of the public in relation to legal matters
the Board
may, in its absolute discretion, appoint the nominee to be an associate
member of the Society subject to the Society's Rules. The Board shall not
be required to give any reasons if it does not appoint any nominee as an
associate member.
20.7 Any person appointed as an associate member shall become an associate member on payment of such entrance fee (if any) and such annual subscription as shall be fixed by the Board.
20.8 The Board may in its discretion at any time revoke the appointment of any person as an associate member of the Society.
20.9 Any associate member who fails to pay the entrance fee (if any) or any annual subscription within one calendar month after the due date for payment shall thereupon cease to be an associate member of the Society unless the Board otherwise resolves in any particular case or cases.
20.10 Associate members of the Society shall be eligible for election or appointment to:
(a) Such
special committees as the Board may determine either generally or in respect
of any particular member, and
(b) Any Section of the Society where the Section's rules or bylaws provide
for membership by associate members
20.11 Associate members of the Society shall be entitled to such privileges and services from the Society and to designate their associate membership in such manner as the Board may from time to time determine.
20.12 In accordance with section 16(2) of the Act, no associate member of the Society shall be eligible for appointment or election as an officer of the Society or a member of the Council or a member of the Board or to vote at any meeting of the Society.
20.13 All or any of the powers and duties of the Board under this rule may be undertaken by any committee or by the Executive Director as the Board shall determine.
20.14 Associate membership of the Society shall not give or be deemed to give any right of membership or class of membership of any District Law Society without specific provision being made therefor by a District Law Society.
20.15 The Board may at any time require all or any associate members to produce evidence of their eligibility to remain an associate member.
21.1 The Board may from time to time establish a section or sections under such name or names as the Council may determine.
21.2 The principal objects of establishing a section shall be to further the objects of the Society and to give members who have a common interest in any area or branch of law, any legal activity, legal employment, law reform, legal education or training or any other legally associated matter an opportunity to promote that interest in concert with others and through the section to discuss and debate issues of interest, to study legal matters and to prepare and disseminate reports, studies and recommendations.
21.3 No section shall be entitled to make any statement or issue any report in the name of the Society but may do so in the name of the section subject to such conditions and restrictions as may be stipulated from time to time by the Board.
21.4 The Society shall maintain a register of members of each section for the time being and shall provide such secretarial assistance and support for sections as shall from time to time be approved by the Board.
21.5 Any member or (where the section's rules or bylaws provide for membership by associate members of the Society) any associate member who wishes to become a member of any section or sections shall apply in writing to the Society and upon payment of the fee or fees payable for such section or sections shall be a member of such section or sections but subject to any bylaws from time to time in force in respect of such section or sections.
21.6 Membership of a section shall continue until the earlier of:
(a) the member ceasing for any reason to be a member or associate member of the Society;
(b) the member resigning from any section or sections;
(c) the member failing to pay any fee from time to time payable for membership of the section within two calendar months after the due date for payment thereof;
(d) termination of the membership in accordance with the rules or by-laws of the section.
21.7 Each section shall be entitled to govern and organise its affairs and elect or appoint officers and committees of its members in such manner as its members shall from time to time determine but all rules or bylaws regulating any section shall come into force only upon the resolution of the Board.
21.8 The President or any Vice-President shall be entitled to invite a representative or representatives of any section to attend as observer any meeting or any portion of any meeting of the Council or the Board. With the leave of such meeting, any such observer may be accorded the right to speak at that meeting.
SCHEDULE - (Refer to Rule 14.1)
Commonwealth Lawyers
Association
Council of Legal Education
District Courts Rules Committee
International Bar Association
Joint Audit Board
LAWASIA
Legal Services Board
Management Committee of the Solicitors' Fidelity Guarantee Fund
Management Committee of the New Zealand Law Society Special Fund
New Zealand Council of Law Reporting
New Zealand Law Foundation
New Zealand Law Practitioners Disciplinary Tribunal
Rules Committee