Accept in principle

Accept in principle
a. establishing an independent statutory body, which is not a Crown Entity and not subject to direction from Ministers

Further consideration required
b. a board of eight members, with an equal split between lawyer and public members, chaired by a public member, and at least two members with strong te ao Māori insights

Further consideration required
c. appointment of board members by the Minister of Justice, following advice from a nominations panel comprising a mix of consumer representatives, governance experts and members of the legal profession.

Accept in principle
a. including a Tiriti o Waitangi section, requiring those exercising powers and performing functions and duties to give effect to the principles of Te Tiriti o Waitangi

Accept in principle
b. setting out regulatory objectives, with an overarching objective to protect and promote the public interest

Accept in principle
c. updating the fundamental obligations of lawyers, requiring lawyers to promote as well as protect their clients’ interests and adding a new obligation on lawyers to maintain their competence and fitness to practise.

Accept
a. maintaining the current focus of the regulatory framework on lawyers and conveyancers, rather than extending it to cover other unregulated legal service providers

Further consideration required
b. introducing a new ‘freelance’ practising model that allows lawyers to provide services to the public in non-reserved areas, without requiring prior approval from the regulator

Accept in principle
c. permitting employed lawyers to provide pro bono services to the public in nonreserved areas

Further consideration required
d. permitting new business structures, to allow non-lawyers to have an ownership interest in law firms and lawyers to enter into legal partnerships with non-lawyers

Accept in principle
e. directly regulating law firms, with new firm-level obligations.

Accept in principle
a. giving the regulator new tools, including powers to suspend practising certificates, require practitioners to undergo a health or competence review, undertake practice reviews and impose bespoke conditions on a practising certificate

Accept in principle
b. reviewing CPD requirements, including the current 10-hour CPD requirement, and specifying key mandatory components of CPD to be undertaken every three to five years.

Further consideration required
a. complaints will be assessed and determined by in-house specialist staff, rather than by volunteers on Standards Committees

Accept in principle
b. formal investigative and disciplinary processes will be reserved for those matters that require a disciplinary response from the regulator. Complaints about ‘consumer matters’ (eg, fees, delay, poor communication) will instead go through a dispute resolution process

Accept in principle
c. the identity of a lawyer who engages in ‘unsatisfactory conduct’ will not be publicly disclosed other than in exceptional circumstances, with naming reserved for cases where the Lawyers and Conveyancers Disciplinary Tribunal finds the lawyer guilty of ‘misconduct’

Further consideration required
d. the independent Legal Complaints Review Officer will be replaced by a small review committee convened by the regulator and staffed by external members or an external adjudicator

Accept in principle
e. lawyers will be subject to a new duty to ensure complaints are dealt with promptly, fairly, and free of charge.

Accept in principle
a. creating a regulator with a specific objective of “encouraging an independent, strong, diverse and effective legal profession” and a competence-based board that reflects diversity

Accept in principle
b. removing regulatory barriers that are having a discriminatory effect

Accept in principle
c. giving the regulator new powers to collect diversity data from law firms and publish aggregate data on trends within the profession.

Further consideration required