The Gazette 1975

vestigation. Any member of the District Law Society aggrieved by a decision of that Society may appeal against its decision to the Council of the New Zealand Law Society. The New Zealand Law Society in turn has power to refer a complaint made to it, to the Dis- trict Law Society where the offending person resides for The New Zealand Law Society has a Disciplinary Committee wi'th wide powers in relation to the inves- tigation of complaints against all members of the pro- fession. The Disciplinary Committee has power to order (1) that practitioners be struck off the roll, (2) tha't they be suspended from practice, (3) that they should not practice as solicitors on their own account, (4) order them to pay to 'the Society a sum by way of penalty, (5) censure them and (6) order them to pay costs and expenses. The Society also has power to grant witnesses' expenses in respect of any witnesses appearing before the Committee. The party complained against, has a right of appeal from the Disciplinary Committee to 'the Supreme Court, by way of re-hear- ing. Costs Procedure The Statutory provisions in relation to costs include a provision which permits a Solicitor to agree in writ- ing with a client as to the amount and manner of payment of costs for the whole or any part of any past or future services, either by way of gross sum or by commission, percentage, salary or otherwise, with 'the proviso that, if the agreement appears to the Court to be unfair and unreasonable, the Court may reduce the amount agreed to be payable under the agreement There is also statutory provision whereby any District Law Society may either at 'the request of a party char- geable or without any such request, refer a Solicitor's Bill of Costs to a Registrar for taxation in the ordinary way. Extended Powers of Law Society The Society has wide powers to deal with a Sol- icitor's affairs and with his practice, where a Solicitor has been struck off, or is unable to practice due to ill health, or has been guilty of some offence or has died. Statutory powers also permit the Law Society to take possession of documents, ledgers, Books of Account and records from a Solicitor's office in certain circumstances, and to appoint persons to investigate the affairs ^nd to examine the Accounts of Solicitors. On the other hand a Solicitor has a statu'tory power to appoint by way of Power of Attorney, another Solicitor to practice on his behalf during a period when the donor of the power is incapacitated or unable by reason of physical or mental condition to conduct his practice, or during the donor's absence from New Zealand. Barristers and Solicitors in New Zealand The profession in New Zealand is constituted by Barristers and Solicitors. A person admitted as a Bar- rister may at the same time be admitted as a Solicitor and vice versa, and each has the same right to practicc .285 investigation and for a report. The Disciplinary Committee

mon Law system and thus is generally similar to ours with one major exception, namely, that they have not a written Constitution or Bill of Rights, and their final Court of Appeal is The Privy Council. Their legal history has been influenced by lawyers of Irish descent and by the legal system of the State of Victoria, Australia. The Torrens system of land law was first crer'ted in Victoria by Mr. Torrens in 1859. Mr. Torrens was born in Cork and was later educated at Trinity College, Dublin. He emigrated to Australia and in time created 'the Torrens system of land registration in Victoria and this system was later introduced to New Zealand. Mr. Justice Callan of the New Zealand Sup- reme Court, who died some years ago, was cousin of our Librarian Mr. Colm Gavan Duffy, and a former Chief Justice of Australia Sir Frank Gavan Duffy, was an uncle. It is also interesting to note 'that the Gavan Duffy family still influence the legal system of Victoria. The la'te Mr. Justice Charles Gavan Duffy was a Judge of the Supreme Court and Mr. Justice John Starke is a present Judge of the Supreme Court — 'both ?re cousins of the Editor of our Gazette. Considerable interest was displayed in our constitut- ional position. A Bill of Rights was suggested for New Zealand but was not introduced. There now appears 'to be growing feeling that a Bill of Rights would be helpful in protecting the Common Law System from the in-roads which legislation has been making. The New Zealand District Law Societies The New Zealand Law Society in many ways is similar to ours. Since the coun'try is divided into two islands, traditionally they have and still have strong Bar Associations in Auckland, Christchurch, Dunedin, and other centres. The New Zealand Law Society is the over Lord, but the District Law Societies have wide powers and both have statutory recognition. The Dis- tract Law Societies control to a large extent the pro- fession in its area of jurisdiction. The functions of the Zealand Law Society are (1) to promote and en- courage proper conduct amongst the members of the legal profession; (2) to supress illegal, dishonourable ' or improper practices; (3) to preserve and maintain the integrity and status of the legal profession; (4) to provide opportunities for the acquisition #nd diffusion of legal knowledge; (5) to consider and suggest amend- ments to the law; (6) to provide mepns for 'the amic- able settlement of professional differences, and (7) gen- erally to protect the interests of the legal profession and the interests of the public in relation to legal matters, Its President is elected by the Council and, the Council comprise four members selected by the Auckland Society, four members by the Wellington Society* four members by the Canterbury Society, and members elécted by the o'ther District Societies, in aíl about 40 members. The District Law Societies functions are similar to those of 'the New Zealand Law Society but confined to their area of jurisdiction. A District Law Society in rela'tion to a complaint within its dis- trict against a member of that Society, may order the offending party to pay to the District Law Society such sum as the District Council thinks fit in respect of costs and expenses incidental to an in-