CONVEYANCING PRACTITIONER
A Registered Conveyancer can make an application to the NZ Society of Conveyancers to become a Conveyancing Practitioner where if successful, they will be issued with a Practising Certificate. Conveyancing Practitioners can apply to the NZSOC to operate on their own account (see below).
Criteria for Eligibility for a Practising Certificate:
- The applicant must be a Registered Conveyancer through NZ Society of Conveyancers.
- Be a fit and proper person (as defined by s83 of the Lawyers and Conveyancers Act).
- Payment of the applicable fee.
- The applicant does not hold and has not applied to hold a practising certificate as a lawyer.
- The applicant is aware of the fundamental obligations of Conveyancing practitioners in accordance with section 5 of the Act.
- The practice (if any) to which the person is a member or employee must hold professional indemnity insurance
- If the Conveyancing Practitioner is an employee of a law firm or law practitioner, then an indemnity declaration by the employer is to be provided to the NZSoC.
In accordance with s9 Lawyers and Conveyancers Act, a practitioner is guilty of misconduct, who, being an employee, provides conveyancing services to the public other than in the course of his or her employment –
- by a conveyancing practitioner; or
- by a partnership comprised entirely of conveyancing practitioners; or
- by an incorporated conveyancing firm; or
- by a lawyer; or
- by a partnership comprised entirely of lawyers; or
- by an incorporated law firm; or
- by Public Trust; or
- by the Maori Trustee; or
- by a trustee company
Registration & Certification Rules
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