Introduction

1.   This document sets out the Terms and Conditions of membership of the Law Society, including the key benefits and obligations of Membership.

2.   The Law Society draws your attention to the following provisions in these Terms and Conditions:

1. 1. The Law Society may vary these terms and the benefits of membership from time to time (clauses 13 and 21);
   2. Member subscriptions are non-refundable (clause 43);
   3. The Law Society may, in certain circumstances, limit access to Member Benefits or cancel your membership (clauses 9 and 47);
   4. The Law Society will send you email communications and requires certain information from you for that purpose (clause 52);
   5. The Law Society may collect, use and share your personal information for the purpose of providing services (clause 54); and
   6. The Law Society limits its liability to you in respect of your membership (clause 55).

Joining the Law Society

3.   Membership of the Law Society is voluntary, and all Practising Lawyers are eligible to be members.

4.   Other individuals may be eligible for Associate Membership granted on the terms specified in the Constitution or any rule or bylaw made under the Constitution. 

5.   A Practising Lawyer may apply to join the Law Society by indicating their intention to join when gaining or renewing their practising certificate or via separate application.

6.   Other individuals may apply to join the Law Society by completing the form published by the Law Society for that purpose.

7.   A Person becomes a Member when their application is accepted by the Law Society and they have paid the relevant Subscription.

8.   In these Terms and Conditions, unless there is an express reference to Associate Member then the terms apply to both Members and Associate Members.

Leaving the Law Society

9.   In accordance with the Constitution, a person ceases to be a Member when:

1. 1. they resign their Membership in accordance with clause 10;
   2. they cease to hold a practising certificate and do not become an Associate Member; or
   3. their membership is cancelled by the Board in accordance with the Constitution for:

1. 1. 1. 1. failing to pay a membership Subscription within two months of the due date; or
         2. on such other grounds as the Board considers justifies cancellation.

10.   A Member may resign their Membership by writing the Law Society and indicating they wish to resign.

11.   A resignation under clause 10 will be effective from the date it is received, unless another date is specified in the resignation.

When these Terms and Conditions apply to you

12.   By becoming a Member of the Law Society, you agree to be bound by these Terms and Conditions.

13.   These Terms and Conditions:

1. 1. may be changed by the Law Society from time to time; and
   2. are subject to the terms of the Constitution and to the extent of any inconsistency between the two the Constitution will prevail.

14.   The Law Society will publish any updated Terms and Conditions on the Law Society website.

15.   In the event of a material change to the Terms and Conditions, the Law Society will:

1. 1. make the change with effect when membership is next renewed; or
   2. notify Members of the changes via email, or other personalised media, at least 5 days in advance of the proposed change.

16.   For the avoidance of doubt, a change in Member Benefits or the Constitution is not a material change in the Terms and Conditions

Members eligible for Member Benefits

17.   The Law Society will provide or facilitate the provision of Member Benefits for its Members.

18.   Members will be entitled to access the Member Benefits provided or facilitated by the Law Society. A list of the current Member Benefits can be found on the Law Society’s website.

19.   The Law Society may provide or facilitate different Member Benefits for different types of members, including a different set of benefits for Associate Members.

20.   The Law Society will endeavour to advise Members of any substantive Member Benefit changes prior to membership subscriptions renewal time, to enable Members to make informed decisions about their membership status for the next membership year.

21.   The Law Society may add, modify or remove any Member Benefit, content, service or event at any time, whether or not it has provided advance notice of the change. 

22.   Member Benefits, including education and other events facilitated by the Law Society or its subsidiaries:

1. 1. may have additional terms and conditions that apply, including additional charges;
   2. may be available for a limited time, to a limited number or class of Members, or in limited locations.

Accessing Member Benefits and Members-only content

23.   Members will gain access to Members-only content on the Law Society website by using their Law Society login.

24.   When accessing other Member Benefits:

1. 1. Members may be asked to provide identifying details to confirm their membership; and
   2. Access may be refused if the Member fails to provide the necessary identifying details.

25.   Member Benefits are for direct use and may not be copied or otherwise duplicated for any purpose without the express permission of the Law Society.

26.   Member Benefits are facilitated or provided by the Law Society on an individual basis. Without the express permission of the Law Society:

1. 1. Members may not share their Law Society login with any other person;
   2. Sharing of Member Benefits with any other person is not permitted; and
   3. Members-only content may not be copied or otherwise duplicated for any purpose.

27.   Members will use Member Benefits in accordance with any terms and conditions, or with any law or regulation, that applies to the use of Member Benefits.

Membership of Branches and Sections

28.   Members will be Members of the Branch in the local area where they practise.

29.   Members are entitled to become a Section Member provided that they:

1. 1. meet any specific membership criteria for the Section;
   2. apply in accordance with any rules of the Section; and
      pay any applicable Subscription.

Promoting your Membership of the Law Society 

30.   The Law Society grants Members a revokable, non-exclusive licence to use the Logo for the purpose of identifying themselves as a Member or Associate Member of the Law Society. Where a Member is a Section Member, they may also use the applicable Section Logo on these terms.

31.   The Law Society grants Members a revokable, non-exclusive licence to use the post-nominal MNZLS after their name to identify themselves as a member of the Law Society. The Board may approve other post-nominals and criteria for use and will notify Members of these at its discretion.

32.   The Law Society grants Associate Members a revokable, non-exclusive licence to use the post-nominal Assoc.MNZLS after their name to identify themselves as an Associate Member of the Law Society.

33.   All use of the Logo, Section Logo and/or post-nominals, and the goodwill generated from such use, accrues to the exclusive benefit of the Law Society.

34.   Members will use the Logo, Section Logo and/or post-nominals in accordance with the Law Society’s guidelines, if any (as notified to Members by the Law Society).

35.   Members may not:

1. 1. use the Logo, Section Logo or any post-nominals in a misleading manner, or in a manner that harms the reputation of the Law Society;
   2. otherwise suggest that the Member represents, acts on behalf of, or is endorsed by the Law Society without express prior written permission from the Law Society; or
   3. challenge the validity of or the Law Society’s ownership of any trademarks filed or registered for the Logo, Section Logo or any post-nominals, or assist anyone to do so.

36.   The Law Society may revoke any applicable licence immediately by giving written notice to a Member, Section Member or Associate Member who has, in the Law Society’s opinion, breached clause 35. Once notice is given, the Member must immediately:

1. 1. cease all use of the Logo, Section Logo and/or post-nominal; and
   2. if required by the Law Society, delete or destroy all materials bearing the Logo, Section Logo and/or post-nominal.

Payment of annual subscriptions

37.   Members are required to pay the Subscription set by the Law Society in accordance with the Constitution.

38.   Members will automatically be invoiced to renew their Membership for the following Membership Year each year until such time as:

1. 1. they resign their membership in accordance with Clause 10;
   2. they are no longer eligible to be a Member; or
   3. they advise the Law Society in writing that they do not want to renew their membership at the end of the current term.

39.   If a Member has not paid their Subscription within two months of the due date on the invoice, the Law Society may cancel their membership in accordance with the Constitution.

40.   The Law Society reserves the right to limit access to Member Benefits until a Member’s Subscription is fully paid.

41.   Where a person obtains a practising certificate partway through a Membership Year, the Law Society may, at its discretion, charge a pro-rata Subscription.

42.   Where a person surrenders their practising certificate and applies for and obtains a rebate of their practising certificate, the Law Society may, at its discretion, refund the annual Subscription by up to 50%.

Refunds and transfers

43.   Subscriptions are non-refundable. Once a Subscription is paid, refunds are not payable except in the limited cases expressly provided under these Terms and Conditions.

44.   Where a Member changes membership type partway through a year, any refund or additional fee will be at the discretion of the Law Society.

45.   Membership of the Law Society and associated Member Benefits are personal to the Member and is not transferable to any other person.

Member Conduct and Disputes

46.   The Law Society and its Members will interact with each other honestly, respectfully, and in good faith.

47.   The Law Society reserves the right to place restrictions or limits on a Member’s access to Member Benefits, or to Law Society staff where a Member has:

1. 1. significantly or repeatedly breached their obligations under these terms and conditions;
   2. engaged with Law Society staff, or any person engaged on behalf of the Law Society, in a manner that is abusive or amounts to harassment;
   3. abused or misused or obtained any Member Benefits or other facility or service provided by or in connection with the Law Society;
   4. otherwise behaved in a manner which the Law Society reasonably considers to be unacceptable while using any Member Benefit or other facility or services provided by or in connection with the Law Society.

48.   Member concerns regarding Member Benefits or Membership will be brought to the attention of the Law Society in the first instance.

49.   Any dispute or difference between a Member and the Law Society arising out of or in connection with these Terms and Conditions:

1. 1. shall be referred to mediation in accordance with the Mediation Rules of the New Zealand Dispute Resolution Centre; and
   2. if the dispute is not resolved, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the New Zealand Dispute Resolution Centre.

50.   Clause 47 prevails over Clause 49.

51.   Notwithstanding clause 49, nothing in these Terms and Conditions limits:

1. 1. the ability of the Board to cancel a membership under the provisions of the Constitution; or
   2. the ability of the Law Society to carry out its functions under the Lawyers and Conveyancers Act 2006.

Member Information

52.   Members will provide the Law Society with sufficient information to enable delivery of Member Benefits, including a current email address.

53.   Members agree to the Law Society sending commercial communications to the email address provided under clause 52, including Law Society communications, partner communications, and communications relating to Member Benefits.

54.   The Law Society will collect, use, share, and protect Member information in accordance with the law and the Law Society’s Information Handling Policy.

Limitation of liability

55.   To the fullest extent permitted by law, the Law Society will not be liable (in negligence, tort, breach of contract or otherwise) for any direct or indirect loss, or special or consequential loss, arising out of or in connection with:

1. 1. a member’s membership of the Law Society (including the termination of that membership); or
   2. the provision (or non-provision) of Member Benefits.

Definitions

Associate Member means honorary members and associate members appointed in accordance with rules or bylaws made by the Council from time to time.
Associate Membership means associate membership of the Law Society.
Branch means a branch of the Law Society, established and maintained under the Constitution.
Board means the Law Society board.
Constitution means the Lawyers and Conveyancers Act (Lawyers) Constitution 2008.
Law Society means the New Zealand ǀ Law Society Te Kāhui Ture o Aotearoa.
Logo means the logo of the Law Society.
Material change means a significant change to the benefits or obligations of membership, but does not include a change in Member Benefits or the Constitution.
Member means a full member of the Law Society but does not include an honorary member or an Associate Member.
Member Benefits means the benefits available to members or a subset of members or Associate Members from time to time, and may include discounts for third party services or goods, or the ability to access educational or other content, services, and events relevant to Members.
Membership means membership of the Law Society
Membership Year means 1 July to 30 June each year.
Practising Lawyer means a lawyer holding a practising certificate in New Zealand but, in accordance with the Constitution, excludes a person whose membership has been cancelled by the Board of the Law Society unless the approval of the Board has been obtained.
Section means a Section of the Law Society as established pursuant to the Constitution.
Section Logo means the logo of a Section.
Section Member means a member who has joined a Section of the Law Society.
Subscription means the annual subscription for Membership or Associate Membership of the Law Society or a Section which will be published each year on the Law Society website. The annual subscription will run from 1 July to 30 June in line with the Membership Year.