Qualifications and Registration
The New Zealand Society of Conveyancers (NZSOC) offer the following conveyancer registration options:
Registered Conveyancer – is a person who has successfully completed the Diploma of Conveyancing or successfully applies through the NZSOC under an Equivalency Assessment.
Conveyancing Practitioner – is a Registered Conveyancer who successfully applies through the NZSOC to obtain a Practising Certificate. Practitioners can apply to be the Conveyancing Professional with LandonLine.
Conveyancing Practitioner practising on their own account – is a Conveyancing Practitioner who successfully applies through the NZSOC to practice on their own account.
A candidate who qualifies as a Registered Conveyancer by successfully completing the Diploma of Conveyancing; or
A candidate who has attained the appropriate Equivalency Assessment Certificate from the NZ Society of Conveyancers (see below) confirming that their prior conveyancing experience and training meets the specifications of the Diploma of Conveyancing.
Criteria for registration as a Registered Conveyancer:
The candidate must -
- Meet the educational requirements set by the NZSOC (as below).
- Be a fit and proper person to be registered as a registered conveyancer (as defined by s83 Lawyers and Conveyancers Act).
- Pay the applicable fee.
Registered Conveyancer by Equivalency Assessment
The NZ Society of Conveyancers requires candidates who seek to qualify as a Registered Conveyancer solely by their prior experience, qualifications and training to have in excess of 5 years (if a qualified Legal Executive) relevant conveyancing experience. Eligible candidates must be qualified as a Legal Executive or Lawyer.
Candidates may apply to the NZ Society of Conveyancers for an equivalency assessment to determine the extent to which the person’s qualifications, training, or experience (or any combination of them) is the equivalent of the specifications for NZ Diploma of Conveyancing.
The Equivalency Assessment application must be accompanied by a full CV, an Experience Portfolio, evidence of the applicant’s qualifications and training, references; police check, a statutory declaration that the applicant is the person named in the documents submitted, and that the documents are true, complete and correct; along with payment of the applicable fee. Please Contact Us for further information.
The equivalency assessment completed by NZSOC may include an examination on conveyancing knowledge and capabilities, and referees that are provided to verify the applicants past experience will be contacted.
The NZ Society of Conveyancers or an approved provider will notify the applicant of any additional training or study required in order to obtain full equivalency, and the candidate will have 3 years to complete any further training or study required by that assessment.
The Society may impose any conditions on a grant of registration that it considers appropriate in the circumstances.
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 has completed the required undertakings 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 lawyer; or
- by a partnership comprised entirely of lawyers; or
- by an incorporated law firm; or
- by a community law centre; or
- by the Legal Services Agency; or
- by Public Trust; or
- by the Maori Trustee; or
- by a trustee company; or
- by an employer organisation; or
- by a union.
A Conveyancing Practitioner with authority to practise on their own account may operate as a sole practice, partnership or incorporated conveyancing firm. The following criteria must be met:
- Applicant must have at least two years of conveyancing experience gained within NZ or Australia. The NZ Society of Conveyancers must be satisfied with regards to the level of conveyancing experience demonstrated and the Experience Portfolio must be completed to the Registration Authority's satisfaction.
- Within the last 3 years of making application, the applicant has successfully completed the NZ Society of Conveyancers Trust Accounting Course to a pass rate of 80% or more.
- The applicant has successfully completed a Level 4 Business Management course. The Registration Authority will consider waiving the requirement for the applicant to complete a small business management course if the applicant can provide;
a) proof or evidence that the applicant has owned or co-owned and operated his/her own business
b) such business ownership and management to be for a minimum of 5 years
c) such ownership and management to be no longer than 3 years ago
Conveyancing experience means any 1 or more of the following:
- Conveyancing work in the office of a conveyancing practitioner in sole practice, a partnership of conveyancing practitioners, or an incorporated conveyancing firm:
- Conveyancing work in the office of a lawyer in sole practice, a partnership of lawyers, or an incorporated law firm:
- Conveyancing work in any State service (as defined in section 2 of the State Sector Act 1988):
- Conveyancing work in the office of a local authority:
- Conveyancing work as an employee of a company or other body (whether incorporated or unincorporated)
In accordance with s22 of the Lawyer and Conveyancers Act (Conveyancers: Registration and Practice) Regulations, such conveyancing experience must be obtained during the 8 years immediately before the proposed date, and the conveyancer has had not less than 2 years conveyancing experience in NZ or Australia.
For further information please Contact Us