Admission as a Barrister & Solicitor of NZ High Court

In this article, we explore the final stages of the process of becoming a barrister and solicitor of the High Court of New Zealand.

Background
Under New Zealand (NZ) law, foreign lawyers can provide legal services without holding a practising certificate issued by the New Zealand Law Society (NZLS), but they are subject to certain restrictions. For example, they cannot represent clients before courts or tribunals. This significantly limits the scope of work for lawyers who practise as litigators (barristers) in their home countries.

Foreign lawyers also cannot hold themselves out as New Zealand lawyers. They must inform clients that they obtained their legal qualifications overseas and do not hold a New Zealand practising certificate.

To be admitted as a barrister and solicitor of the High Court of New Zealand, you must satisfy the requirements set out in the Lawyers and Conveyancers Act 2006. The process begins with an application for an “overseas qualifications assessment” with the New Zealand Council of Legal Education (NZCLE).

NZCLE Assessment of Overseas Law Qualifications – Process

The NZCLE reviews your overseas legal qualifications and professional experience and compares them against the standards required to practise law in New Zealand. At the end of the assessment, the NZCLE issues a decision setting out the requirements you must complete to be admitted to the High Court of New Zealand and obtain a practising certificate from the NZLS.

More information about this assessment is available in our resources section.

Admission as a Barrister and Solicitor of the High Court of New Zealand – Process

After completing the requirements imposed by the NZCLE, the adventure is not over. There are still a few administrative steps to complete before celebrating.

Step 1: Completion Certificate - NZCLE
The process starts with an application for a Completion Certificate from the NZCLE, which confirms that you have completed the educational requirements imposed by the NZCLE.

You must complete the “Completion Certificate Application Form (Overseas Law Graduates and Practitioners)”, pay the relevant fee and provide supporting documents, including:

• a copy of the NZCLE letter of assessment; 
• a copy of the certificate or academic transcript for your overseas qualification; 
• an original transcript evidencing completion of any studies required by the NZCLE or the NZPL examination result notification; and 
• an original certificate confirming completion of the Professional Legal Studies Course (if applicable). 

Remember to check the most up-to-date form and requirements on the NZCLE website. The application must be sent by courier to the NZCLE’s PO Box.

Be patient, the NZCLE may take up to 40 working days to process your application.

TIP: Use copies of the documents already provided to the NZCLE with your initial overseas qualification assessment application, regardless of the date of certification.

Step 2: Character Certificate - NZLS
Once you receive your Completion Certificate, the next step is to apply for a Character Certificate with the NZLS.

You must complete the prescribed form, pay the relevant fee and provide supporting documents, including:

• a certified copy of your passport; 
• a police certificate from any country other than New Zealand where you have lived for more than 12 months since turning 18; and 
• a certificate of good standing from the jurisdiction where you are admitted as a lawyer. 

You will also need:

• one employer reference; and 
• two general character references. 

The employer reference must come from someone who has worked with you and supervised your work in a managerial capacity. The general character references should come from a lawyer or a person registered in their profession (for example, teachers, doctors, nurses, social workers, legal executives, real estate agents or engineers) who has known you well for at least five years.

Your referees must send the prescribed reference form directly to the NZLS by email from their work email address.

TIP: Be prepared to provide additional information to the NZLS. For example, you may be asked to provide a letter from your overseas university confirming that you had no conduct or disciplinary issues while studying there. It is useful to keep contact details for someone at your university who can assist with these requests. Also, keep a copy of your application, as you may need the information provided later in the process.

Step 3: Application - High Court
The next step is to prepare your application to the High Court. As a foreign lawyer who has completed Steps 1 and 2, you will generally qualify under section 49(3) of the Lawyers and Conveyancers Act 2006.

You must complete forms LA1, LA3 and LA5, pay the relevant fee and provide supporting documents, including:

• your Completion Certificate; 
• your Character Certificate; and 
• a certified copy of your admission certificate from your home jurisdiction.

TIP: Although you can apply online, it may be worthwhile visiting the High Court in person to ensure your documentation has been properly signed and witnessed and to confirm whether any additional documents are required.

Step 4: Admission Ceremony

Once the Court has reviewed your application, you will receive an email confirming the date and time of your admission ceremony.

Finally, the big day arrives! You will need to organise court attire for yourself and your moving counsel. This can include traditional court attire (such as wigs, bands, white shirts and gowns) or gowns worn over neat business clothing, depending on the practice of the Court.

You are generally allowed to invite up to three guests. The Court will also provide a livestream link that you can share with family and friends overseas.

Tip: Arrive early to take photos outside the Court. Also, take your phone with you so you can take a picture after signing the roll.

Step 5: Practising Certificate
The final step is obtaining your practising certificate, the document recruiters and interviewers often ask about. You must complete the prescribed application form, pay the relevant fee and email your application to the NZLS. 

Tip: Apply for your practising certificate as soon as possible after your admission ceremony so that you do not need to provide updated references.

Conclusion

Going through the process of becoming a New Zealand lawyer was no small adventure. Adapting to a different legal system has been both challenging and rewarding. 

It took me approximately six years to complete the process, although it could certainly be completed in less time. During that period, I was working full-time as a solicitor and studying. Therefore I could only complete one paper at a time.

Please feel free to reach out if you have any questions about the process, would like to share your experience or have any comments. We would be happy to hear your thoughts and experiences.

Maria Nieto