August start for new LCA regime

IMPLEMENTATION of the Lawyers and Conveyancers Act, which had been expected to take place on 1 July, has been deferred until 1 August.

Advising the NZLS of the change, the Ministry of Justice said this delay would ensure that everyone affected by the new regulatory regime would have time to prepare for its introduction following publication of the new rules and regulations by early July.

"Finalising all the rules and regulations that are required to give effect to the act has been a big task. There will be over 20 sets of rules and regulations – some of which will affect both professions, and some of which will apply only to lawyers or conveyancing practitioners respectively. It has required the input of the Law Society, the future Society of Conveyancers, the Parliamentary Counsel Office, the Ministry of Justice and a number of other organisations.

"The act, together with the regulations and rules being made under it, creates a comprehensive new regulatory regime. For that regime to succeed, practitioners and others need to be aware of what it requires of them.

"A small delay of one month will ensure that everyone affected by the new regime can familiarise themselves with it in advance of commencement. This will contribute to more effective regulation of legal and conveyancing services, a key goal of the new act," the Ministry said.

While the bulk of work on the various rules and regulations had been completed by the end of May, formal sign-off needed to wait for the end of the June parliamentary recess. The rules and regulations will be publicly available by early July, allowing members of the profession a month to prepare for the new requirements.

The change in date means that, in accordance with the transitional provision at s372 of the LCA, district law societies will continue under their current rules until 31 January 2009. As the NZLS moves to a 1 July-30 June financial year, its budgeting adjustments during the transitional phase will cover 11 months for its first "year" (1 August 2008 to 30 June 2009).

District law societies will continue to handle admission applications before and after implementation. People who start the admission process before 1 August will use existing documentation and follow the current procedures. Those who start the process after that will use new documentation.

Applications for practising certificates before 1 August will continue to be dealt with by district law societies. After that date, people will need to apply directly to the NZLS. The new forms will be available on the NZLS website.