Our Regulatory Framework The NZ Society of Conveyancers (NZSoC) is the professional body representing conveyancing practitioners in New Zealand. Its role is to represent, promote and regulate the conveyancing profession.

In New Zealand, Conveyancing Practitioners are governed by the Lawyers and Conveyancers Act 2006, and the regulations and rules made under that Act.

The New Zealand Society of Conveyancing’s regulatory functions and powers are set out under Part 5 of the Act;

• to control and regulate the practice in New Zealand by conveyancers of the profession of conveyancing:
• to uphold the fundamental obligations imposed on conveyancing practitioners who provide regulated services:
• to monitor and enforce the provisions of this Act, and of any regulations and rules made under it, that relate to the regulation of conveyancing practitioners:
• to perform and exercise, in relation to the profession of conveyancing, functions, and powers similar to those conferred on the New Zealand Council of Legal Education by sections 274 and 275.

Information about Client Care and Rules of Conduct, Complaints, Conveyancing Practice, Fidelity Fund, Professional Indemnity Insurance and Trust Accounting can be found when you scroll down on this page.

Client Care and Rules of Conduct

All Conveyancing Practitioners are required to comply with the “Conduct and Client Care Rules” as outlined in the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) Rules 2008.

The rules require Conveyancing Practitioners to;

• Act in accordance with the clients instructions, and to exercise good faith ,skill, care and competence;
• Provide clients with clear information, treat clients with respect and courtesy, and act in a timely manner;
• Honour all undertakings given in the course of practice;
• Ensure that all dealings are recorded appropriately;
• Provide written information on how the fee is calculated, inclusive of any additional disbursements, and when payment is to be made. Fee must be fair and reasonable for the service provided;
• Provide details to the client on the level of professional indemnity insurance cover held;
• Provide clients with written information on the Conveyancing Practitioners Fidelity Fund;
• Ensure that clients are provided with written information on the Society’s complaints service and how clients can contact the Society into order to make a complaint;
• Ensure appropriate confidentiality of all client information;
• Treat other practitioners and any third party’s with respect and courtesy;
• Conveyancing Practitioners must not act if there is a risk that a conflict of interest could arise.

Complaints

In order to protect consumers and maintain the public’s confidence in conveyancing services, the NZSoC has a Complaints Service available to receive complaints. Conveyancing Practitioners are required to act at all times in accordance with the Lawyers and Conveyancers Act (Conveyancing Practitioners: Conduct and Client Care) 2008. Your complaint will be taken seriously and you will receive confirmation of receipt of your complaint by the Complaints Service. (Please check our guide to the complaints process on our website for further information and guidance on how and when to submit a complaint).

Every client and every Conveyancing Practitioner wants their conveyancing transaction to proceed smoothly and successfully. This is the experience of the vast majority of clients and Conveyancing Practitioners. Sometimes, however, something goes wrong. If you have a complaint about something your Conveyancing Practitioner has done, you should talk to your Conveyancing Practitioner or someone else in his or her practice. Conveyancing Practitioners get much of their business by word of mouth so the Conveyancing Practitioner will have a strong interest in resolving your concerns. Most concerns should be resolved at this stage.

If you still have concerns or you are still unhappy with the way your Conveyancing Practitioner has behaved or performed, you can complain to the NZSoC's Complaints Service. Your complaint must be in writing and on a complaint form and can be delivered personally, posted, or emailed (addresses are on the complaint form).

You can complain about the following matters:

• Conduct
• Quality of Service
• Failure to comply with particular orders
• Fees
• You can complain about current and former Conveyancing Practitioners, Incorporated Conveyancing firms, and/or
• employees of both.

One outcome may be that the Standards Committee asks you and the Conveyancing Practitioner to make use of an alternative dispute resolution process (i.e. mediation or negotiation) if they think this method is likely to resolve the dispute. The Standards Committee may consider things and decide on an outcome which can include:

• Taking no action.
• Requiring the Conveyancing Practitioner to apologise to you.
• Ordering the Conveyancing Practitioner to reduce the fees charged.
• Fining the Conveyancing Practitioner up to $15,000
• Requiring the Conveyancing Practitioner to make good your losses subject to limits set by the law.

If you are unhappy with the Standards Committee's decision in relation to your complaint, you can apply to the Legal Complaints Review Officer, who is an independent officer appointed by the Minister of Justice. The task of the Legal Complaints Review Officer is to review decisions made by the Standards Committee. You will have to pay an application fee for the review. Information about the Legal Complaints Review Officer can be found on www.justice.govt.nz/lcro or you can call on 0800 367 6838.

Conveyancing Practice

Conveyancers specialise in the legal process to transfer the ownership of property from one person or entity to another, and have specific training and skills in all areas relating to the sale and purchase of real estate and related transactions.

The Lawyers and Conveyancers Act 2006 came into force on 1 August 2008. This allowed for the establishment of a new conveyancing profession in New Zealand, where only qualified and skilled persons may apply to the NZ Society of Conveyancers to become registered as a Conveyancing Practitioner.

Conveyancing Practitioners are governed by the Lawyers and Conveyancers Act 2006 and the rules and regulations made under that Act. Only a Registered Conveyancer, as approved by the NZ Society of Conveyancers may describe themselves as a Conveyancing Practitioner or Registered Conveyancer.

The following conveyancer registration options are available:

• Registered Conveyancer - is a person who has successfully completed the Diploma of Conveyancing or successfully applied through the NZ Society of Conveyancers under an Equivalency Assessment. A Registered Conveyancer may only work under the supervision of another practitioner of firm.
• Conveyancing Practitioner - is a Registered Conveyancer who successfully applies through the NZ Society of Conveyancers to obtain a Practising Certificate.
• Conveyancing Practitioner who practice on their own account - is a registered Conveyancing Practitioner who successfully applies through the NZ Society of Conveyancers to practice on their own account.

Fidelity Fund

The NZSoC has established a Conveyancing Practitioners Fidelity Fund in accordance with Part 10 of the Lawyers and Conveyancers Act 2006. Regulations provide for the management and maintenance of the fund.

The Conveyancing Practitioners Fidelity Fund is held for the purpose of reimbursing persons who suffer pecuniary loss as a result of theft by a Conveyancing Practitioner, an incorporated conveyancing firm, their employee or agent.

All Conveyancing Practitioners who practice on their own account, and all incorporated conveyancing firms that provide regulated services to the public are required to make financial contributions to the Fund on a regular basis. The maximum amount that may be paid out of the Fidelity Fund to an individual claimant by way of compensation is an amount equal to 60% of the money in the fund or $1,000, whichever is the greater at the time. No person is entitled to recover from the Fund an amount greater than their loss suffered.

In addition, members of the Society may elect to be covered un der the Society's Master Professional Indemnity Insurance Policy which includes fidelity cover of $100,000.00 for any one claim, which will be payable in the event that the Conveyancers Fidelity Fund is insufficient to provide compensation up to the maximum amount of $100,000.00. This master policy is owned by the NZ Society of Conveyancers, and covers all conveyancing firms and their principals who are named under the policy.

No compensation is available for any loss incurred as a result of a person instructing a conveyancing practitioner or incorporated conveyancing firm to invest money on behalf of that person.

Professional Indemnity Insurance

Professional Indemnity Insurance provides protection for clients in the event of legal liability arising from any errors or omissions that may inadvertently be made by a conveyancing firm or practitioner in the course of their business.

In accordance with Part 6 Lawyers and Conveyancers Act (Conveyancers: Registration and Practice) Regulations 2008 all Conveyancing Practitioners and incorporated conveyancing firms must hold professional indemnity insurance, in respect of anything done or omitted by the practice in its professional capacity, to the minimum cover amount of $1,200,000.00. A master professional indemnity insurance policy is available through the NZSoC for conveyancing members.

Accordingly, clients can instruct conveyancers with the knowledge that as clients they are covered through a Professional Indemnity Insurance policy as set out above.

Trust Accounts

All client funds handled by Conveyancing Practitioners are required to be held in a Trust Account in the name of the practitioner/firm in accordance with the Lawyers and Conveyancers Act (Trust Account) Regulations 2008.