HARRIS HC TAU CIV 2009-470-498

HARRIS HC TAU CIV 2009-470-498 30 June 2009IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CIV 2009-470-498UNDER The Lawyers and Conveyancers Act 2006 IN THE MATTER OF an application under s 30 by GRANT ALISTER HARRIS of Tauranga, Solicitor Applicant Hearing: (on the papers) Counsel: R P Harris, Applicant Judgment: 30 June 2009JUDGMENT OF HEATH JThis judgment was delivered by me on 30 June 2009 at 9.30am pursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy RegistrarSolicitors: Harris Tate, PO Box 1147, Tauranga Copy to: New Zealand Law Society, Wellington[1] Grant Alister Harris seeks leave, under s 30(3) of the Lawyers and Conveyancers Act 2006 to practise on his own account. Section 30 of the Act states:30. Practice by lawyer on his or her own account(1) No lawyer may commence practice on his or her own account, whether in partnership or otherwise, unless— (a) he or she— (i) meets the requirements with regard to both practical legal experience and suitability that are imposed by rules made under this Act; and (ii) meets any other criteria that are prescribed by rules made under this Act; or (b) he or she is granted by the High Court, on grounds set out in rules made under this Act, leave to practise on his or her own account. (2) A lawyer who is a director or shareholder of an incorporated law firm is deemed to be practising on his or her own account. (3) A lawyer may apply to the High Court for leave to practise on his or her own account. (4) The High Court, in deciding whether to grant an application for leave, must have regard to the matters that are specified in rules made under this Act in relation to such an application. (5) The High Court may grant leave subject to such conditions (if any) as it thinks proper. (6) A lawyer commits an offence who, in contravention of this section, commences practice on his or her own account.[2] Mr Harris intends to practise on his own account as a director of Harris Tate Ltd in the field of commercial, employment, trusts and property law. He accepts that he does not meet the requirements of the Act with regard to practical legal experience in New Zealand. It is plain, however, that he has much experience in the United Kingdom and that he has advised many large commercial concerns on major transactions in that jurisdiction and in Europe. [3] Although the New Zealand Law Society has not formally been served with the application, by letter dated 4 June 2009, the Society made it clear that it would not oppose Mr Harris' application for leave to practise on his own account. Otherthan Mr Harris' inability to establish relevant New Zealand legal experience, the Society regarded him as a suitable person to practise as a lawyer in New Zealand. [4] The level of practical legal experience disclosed in Mr Harris' affidavit in support of the application gives me sufficient confidence to grant leave for him to practise on his own account. Accordingly, I make an order under s 30(3) of the Act. [5] The Registrar is directed to forward a copy of this judgment to Ms Margaret Steel, Registry Manager at the New Zealand Law Society in Wellington. ________________________ P R Heath J Delivered at 9.30am on 30 June 2009