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Overseas lawyers wanting to practise in New Zealand
Assessment of qualifications and experience | How to apply for an assessment | Where to send applications | What happens once the application for assessment has been received? | Conditions | LLB degree courses | The Professional Legal Studies course | The New Zealand Law and Practice Examination | Inquiries
If you have been admitted as a barrister, solicitor, advocate or attorney of a superior court in a country other than New Zealand…
This section applies to all foreign-admitted lawyers except Australian practitioners entitled to registration under the TTMR arrangements. That is, all Australian barristers and/or solicitors who hold a current practising certificate.
Foreign-admitted lawyers wishing to practise as New Zealand lawyers must first apply to the New Zealand Law Society for assessment of their qualifications and experience. See Section 44(3)(c) of the Law Practitioners Act.
Assessment of qualifications and experience
Each application is assessed by the NZLS Admissions and Credential Committee, in consultation with New Zealand Council of Legal Education (NZCLE). The process involves a detailed assessment of whether your…
- academic qualifications
- professional training
- professional experience
- knowledge of and experience in the use of the English language
…equate with the admission requirements for New Zealand candidates. You should have a sound knowledge of the principles of the compulsory subjects prescribed for the New Zealand LLB degree and the study of Legal Ethics and Professional Responsibility. For some background information see our careers section.
You should also be aware that the New Zealand Immigration Service will test your proficiency in written and spoken English as a condition of residence in New Zealand. For further information go to www.immigration.govt.nz.
Applications are considered case by case and determined on their own merits. The minimum requirement for overseas applicants is the Examination in New Zealand Law and Practice.
How to apply for an assessment
There is no formal application form. Your application must include the following documentation. Please note that only original academic and admission records, or copies bearing an original certificate by an independent person, are acceptable. Documents in a language other than English must be accompanied by an independently verified translation. All documents must be provided in duplicate, apart from law school handbooks, certificate of standing and certified copies of passport pages. The duplicate must be a certified copy in each case except for the Statutory Declaration which must be provided as two originals. Duplicates are retained by the NZLS. Where duplicates are not provided a photocopying fee may be charged.
If you would like your original documents to be returned please state that in your application and enclose a traceable pre-paid courier bag with your name and address written on the front.
Documents in a language other than English must be accompanied by an independently verified translation. Translations must be prepared by a recognised translation service, on an official letterhead bearing the stamp or signature of the translator or service. Translations must not be prepared by you or any member of your family or any person interested in the outcome of your application.
If you are in New Zealand, you must have your translation prepared by a translator or service on the List of Recognised Translation Services of the New Zealand Qualifications Authority.
Documents translated overseas, must be independently verified by a translator or service on the List of Recognised Translation Services of the New Zealand Qualifications Authority.
The Society prefers either the original or a certified copy of the foreign language document to be attached to the original translation. The original translation must contain a certification that the document is a true and correct translation of the original foreign language document, whether the attached foreign language document is the original or a certified copy.
1. Academic records
Academic transcripts of:
(a) Law degrees and/or;
(b) Other degree if law courses were included;
(c) Pre-admission training; and
Certificates awarded at the completion of all law degrees, other degrees and pre-admission legal training.
The records must show all courses undertaken and grades or marks awarded, together with an explanation of the grading system.
2. Proof of admission
(a) Original or certified copy of the Order of Admission.
(b) An original certificate of standing from the overseas law society of which you are a member. The certificate should not be more than three months old, and should confirm:
(i) Your date of admission;
(ii) That you are of good character and repute;
(iii) That there are no proceedings against you for behaviour amounting to professional or other misconduct; and
(iv) That you are currently or would be entitled to practise in that jurisdiction (subject to holding a practising certificate if one is required).
Please note that the certificate of standing will not be returned
3. Curriculum Vitae
This should be detailed and comprehensive and give dates and places where you have been in practice and details as to the nature of your experience in the practice of law.
4. Law School handbook
The law school handbook or similar publication used during your period of study, showing the structure of the degree and the content and length of each course. For example, if you studied contract law in 1983 you must produce the handbook (or relevant extracts) that relate to contract law as it was taught in 1983.
Only originals or certified copies are accepted. Copies should be certified by the university with a letter of authentication or by affixing the university seal on each page. Only one copy of the handbook is required.
If you do not have the law school handbook for the appropriate period you should arrange for the law school to send the current handbook with a letter from the Dean of the Law Faculty, or the Dean's delegate, stating that these or substantially similar provisions were in force throughout your studies. If that is not the case then the current handbook should be sent with a letter commenting on how the degree structure has changed in the intervening period.
Please note that law school handbooks will not be returned.
5. Proficiency in the English Language
If appropriate, a statement of the basis upon which you believe you should be exempt from the requirement to demonstrate proficiency in the English language.
This requirement does not usually affect those who have been studying and living in English speaking jurisdictions, but additional supporting material should be provided if your command of the English language is not apparent from your documents.
You should also be aware that the New Zealand Immigration Service will test your proficiency in written and spoken English as a condition of residence in New Zealand. For further information go to www.immigration.govt.nz.
6. Proof of identity
Proof of identity by way of a certified copy of the pages from your passport, which contains a photograph and all personal details of the applicant.
If your name has changed then you must provide evidence that you are the person named in the documents. If your name has changed as a result of marriage then a certified copy of your marriage certificate is acceptable. If your name has changed for another reason, you must complete a statutory declaration stating that you are the person named in the documents. See Schedule 1 of the Oaths and Declarations Act 1957 for the form of the declaration.
7. Statutory declaration or affidavit
A statutory declaration or affidavit, witnessed by a lawyer and signed by you, verifying identity and certifying the accuracy and completeness of the above information. The operative portion of the document should take the following form:
I, [name] of [place of abode and occupation] solemnly and sincerely declare [or make oath and say as follows] that I am the person named in the documents submitted in support of my application for assessment of my qualifications for admission as a barrister and solicitor of the High Court of New Zealand, and that the information contained in my application is true and includes a complete statement of any academic qualifications and my professional legal experience.
Your declaration should not convey the impression that you are a New Zealand lawyer. For example, if you are a solicitor from the UK you should state “I, [name] of [place of abode] solicitor of England and Wales…..”
The remainder of the document should be completed in a form that is binding upon you in the country where you reside or according to the law of New Zealand.
8. Fees
If you are not in New Zealand when you apply, send two bank drafts, expressed in New Zealand dollars, for the following application fees:
a. NZ $100, payable to the New Zealand Law Society, and
b. NZ $1,125.00, payable to the New Zealand Council of Legal Education.
If you are in New Zealand when you apply, you must pay Goods and Services Tax (GST) of 12.5% on each of the above fees, so your bank drafts should be for:
a. NZ $112.50, payable to the New Zealand Law Society, and
b. NZ $1,265.62, payable to the New Zealand Council of Legal Education.
The New Zealand Law Society fee will not be refunded if you decide to withdraw your application.
Your application cannot be processed until all the above requirements are met. Significant delays may result when incomplete applications are received.
Where to send applications
Send applications to the NZLS Admissions and Credentials Committee.
Inquiries may be emailed to admissions@lawyers.org.nz
What happens once the application for assessment has been received?
The society will acknowledge the application and forward it to the NZCLE. The NZCLE's Credits Committee will then undertake the substantive assessment of your qualifications and experience.
When the NZCLE Credits Committee has completed its assessment the NZCLE will report, with its recommendation, to the NZLS's Admissions and Credentials Committee. The NZLS Admissions and Credentials Committee will make a determination and notify you.
If all the documents provided are in order, the process usually takes approximately two to three months from the date of application to the date of determination. Complex cases, or applications based on insufficient or poor quality information may take longer.
Imposition of conditions
Approval of an application for admission may be subject to conditions. These may include requiring you to obtain further qualifications, and/or pass specified examinations. For example, you may be required to complete all or any part of:
- a New Zealand LLB degree
- a course in Legal Ethics and Professional Responsibility
- the Professional Legal Studies Course
- the New Zealand Law and Practice Examination (NZLPE)
- an English language proficiency test or tests.
LLB degree courses, including courses in legal ethics and professional responsibility
LLB courses are offered by the five New Zealand university law schools.
The Professional Legal Studies course
There are two providers for the Professional Legal Studies Course. The Institute of Professional Legal Studies conducts courses at each university law school three times a year starting in February, May and September. For further information on this course, email the IPLS on iplsnat@netlink.net.nz.
The College of Law New Zealand operates courses (as from 2004) three times each year in January, March and July. The course is mainly a part-time online course but full-time onsite sessions will be held in Auckland, Christchurch, Dunedin, Hamilton and Wellington. For further information, email the College on enquiries@collaw.ac.nz.
The New Zealand Law and Practice examination
The New Zealand Law and Practice (NZLP) examination is a self-study programme aimed at helping overseas practitioners get a practical working knowledge of key areas of law where the general principles of the law shared by common law countries have been significantly modified or developed by New Zealand legislation or courts.
Foreign-admitted lawyers who are required to undertake all or parts of the (NZLP) examination should apply to the Secretary of the NZCLE.
You are not eligible to sit the NZLP examination unless you have first applied for assessment of your qualifications and experience. The NZCLE does not encourage candidates to sit the examination before they have received notice of the result of their application.
The examination is conducted twice each year in February and July by the NZCLE. The examination may be sat at any New Zealand university law school or, by advance arrangement with the NZCLE, at an overseas location. The six parts of the examination cover the compulsory LLB subjects: the Legal System, Public Law, Property Law, Criminal Law, Law of Contract and the Law of Torts.
Inquiries
Email any inquiries to admissions@lawyers.org.nz
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