Cameron Miranda
New Zealand has a growing economy and an increasing demand for legal services. This has led to a shortage of lawyers, and the country is welcoming skilled migrants to fill this gap. Foreign lawyers are allowed to practice in New Zealand, but they must fulfill certain requirements. These requirements include having their overseas qualifications assessed, completing any additional requirements, obtaining a certificate of character and completion, seeking admission as a barrister and solicitor, and applying to the New Zealand Law Society for a practicing certificate. The process for foreign lawyers to obtain a license to practice law in New Zealand is outlined in the Lawyers and Conveyancers Act 2006.
| Characteristics | Values |
|---|---|
| Can a foreigner practice law in New Zealand? | Yes |
| Requirements | Qualification assessed by the New Zealand Council of Legal Education (NZCLE), complete any further requirements, obtain a certificate of character and completion, seek admission as a barrister and solicitor, and apply to the New Zealand Law Society for a practising certificate. |
| Exceptions | If you hold a current practising certificate in an Australian jurisdiction, you can use that occupational registration as the basis for registration for the equivalent New Zealand occupation. |
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What You'll Learn
- Foreign lawyers can practice in New Zealand but not in reserved areas
- Qualifications must be assessed by the New Zealand Council of Legal Education
- Overseas practitioners must complete further study and exams
- Australian lawyers can use their registration to apply for the equivalent in New Zealand
- Foreign lawyers must obtain a certificate of character and completion
Foreign lawyers can practice in New Zealand but not in reserved areas
Foreign lawyers can practice in New Zealand, but they must not provide legal services in the reserved areas set out in the Lawyers and Conveyancers Act 2006. The relevant sections of this Act are 25 and 27(1)(b)(ii). New Zealand does not regulate foreign lawyers or provide them with a license to practice in the country. However, a foreign lawyer can obtain a certificate to practice New Zealand law by fulfilling certain requirements.
Firstly, they must have their overseas qualifications assessed by the New Zealand Council of Legal Education (NZCLE). The NZCLE will then advise which examinations they need to sit. Once these examinations have been completed, the lawyer must obtain a certificate of completion and a certificate of character. Following this, they must seek admission as a barrister and solicitor and apply to the New Zealand Law Society for a practicing certificate.
If a foreign lawyer holds a current practicing certificate in an Australian jurisdiction, they can use this as the basis for registration for the equivalent New Zealand occupation under the Trans-Tasman Mutual Recognition Act 1997. They can then apply directly to the High Court for admission as a barrister and solicitor. After admission, they will need to obtain a practicing certificate from the NZLS to practice in New Zealand.
It is important to note that international students or lawyers coming to New Zealand must have appropriate and current medical and travel insurance. They will be liable for the full costs of any medical treatment they receive during their stay.
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Qualifications must be assessed by the New Zealand Council of Legal Education
Foreign lawyers may practise in New Zealand, but they must not provide legal services in the reserved areas set out in the Lawyers and Conveyancers Act 2006. To obtain a full licence to practise New Zealand law, foreign lawyers must have their overseas qualifications assessed by the New Zealand Council of Legal Education (NZCLE). The NZCLE will advise on which examinations to sit.
The NZCLE qualification assessment is required for overseas practitioners (a person who is admitted as a barrister, solicitor, advocate or attorney of a superior court) and overseas graduates (a person holding a legal qualification but who is not admitted to practise as a barrister, solicitor, advocate or attorney of a superior court).
The assessment will determine whether the candidate will need to complete further study. Overseas-qualified lawyers may be exempt from further study, but they must still complete the Professional Legal Studies Course at either the Institute of Professional Legal Studies or the College of Law.
Following qualification assessment, the candidate must complete any further requirements, obtain a certificate of character and a certificate of completion, seek admission as a barrister and solicitor, and apply to the New Zealand Law Society for a practising certificate.
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Overseas practitioners must complete further study and exams
Foreign lawyers may practise in New Zealand but must not provide legal services in the reserved areas set out in the Lawyers and Conveyancers Act 2006. To obtain a full licence to practise New Zealand law, foreign lawyers must have their overseas qualifications assessed by the New Zealand Council of Legal Education (NZCLE). The NZCLE will advise which examinations they need to sit. Following this assessment, it is likely that further study will be required (unless the lawyer is Australian-qualified).
The Trans-Tasman Mutual Recognition Act 1997 allows lawyers holding a current practising certificate in an Australian jurisdiction to use that occupational registration as the basis for registration for the equivalent New Zealand occupation. The Lawyers and Conveyancers Act 2006 provides for applications for admission as a barrister and solicitor to be made directly to the High Court. After admission, a practising certificate from the NZLS is required to practise in New Zealand.
Overseas law graduates or those who have been admitted in another jurisdiction may be required to complete further New Zealand university subjects and/or parts of the New Zealand Law and Practice Examination. They must then obtain a certificate of completion and a certificate of character from the NZLS. They can then be admitted to the roll of barristers and solicitors of the High Court of New Zealand.
Foreign lawyers must also seek admission as a barrister and solicitor and apply to the New Zealand Law Society for a practising certificate.
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Australian lawyers can use their registration to apply for the equivalent in New Zealand
Foreign lawyers can practice in New Zealand, but they must not provide legal services in the reserved areas set out in the Lawyers and Conveyancers Act 2006. These reserved areas include litigation advice, direction and management, representation and advocacy, and anything that only a lawyer is permitted to do by statute.
To practice law in New Zealand, foreign lawyers must have their overseas qualifications assessed by the New Zealand Council of Legal Education (NZCLE). The NZCLE will advise which examinations are required, and once these are passed, the lawyer can apply for a practising certificate from the NZLS.
Australian lawyers may also choose to rely on the provisions of section 25 of the LCA. This section states that a member of the legal profession in another jurisdiction may undertake work or business in New Zealand if it concerns the law of another country or territory, or international law. They may also provide legal services in relation to any proceedings if it is essential that the provider has knowledge of the law of any overseas country or territory, or international law.
It is important to note that only people holding a current New Zealand practising certificate issued by the Law Society are considered 'lawyers' and are regulated as such under the LCA.
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Foreign lawyers must obtain a certificate of character and completion
Foreign lawyers are permitted to practise in New Zealand, but they must not provide legal services in the reserved areas set out in the Lawyers and Conveyancers Act 2006. To obtain a full licence to practise New Zealand law, foreign lawyers must fulfil several requirements, including obtaining a certificate of character and a certificate of completion.
The certificate of character certifies that the lawyer is a fit and proper person to be admitted as a barrister and solicitor. The certificate is issued by the New Zealand Law Society and is valid for admission to any High Court in Aotearoa New Zealand. The certificate must be valid on the date of admission, and the process should be started after completing a professional course and at least three months ahead of the proposed admission ceremony. The application fee is $282.90, and the Law Society will advertise the applicant's name in the media. Any person may comment on the applicant's conduct and fitness directly to the branch within the specified time.
The certificate of completion is obtained after the applicant has fulfilled all the requirements set out by the New Zealand Council of Legal Education (NZCLE). The NZCLE assesses the applicant's overseas qualifications and advises on the examinations they need to sit. Once these examinations are completed, the applicant can obtain their certificate of completion from the NZCLE.
After obtaining these certificates, foreign lawyers can seek admission as a barrister and solicitor and apply to the New Zealand Law Society for a practising certificate.
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Frequently asked questions
Foreign lawyers may practice in New Zealand but must not provide legal services in reserved areas as set out in the Lawyers and Conveyancers Act 2006.
The requirements for admission to practice law in New Zealand vary according to where your law degree was obtained, whether you have already been admitted to practice, and where you are living.
The steps to obtain a full license to practice law in New Zealand as a foreigner are as follows:
- Have your overseas qualifications assessed by the New Zealand Council of Legal Education (NZCLE).
- Complete any additional requirements advised by the NZCLE.
- Obtain a certificate of completion and a certificate of character.
- Seek admission as a barrister and solicitor.
- Apply to the New Zealand Law Society for a practicing certificate.
Yes, if you hold a current practicing certificate in an Australian jurisdiction, you can use that occupational registration as the basis for registration for the equivalent New Zealand occupation under the Trans-Tasman Mutual Recognition Act 1997.
Yes, foreign lawyers can describe themselves as lawyers but must state the country in which they are able to practice under that description, as per the Lawyers and Conveyancers Act 2006.
