About NZILE

8. MEMBERSHIP

8.1 Powers of the Council: The Council may:

8.1.1 in its discretion, approve or refuse any application for membership of the Institute;

8.1.2 in its discretion, vary, waive or add to any requirement for admission to membership of the Institute provided that from 1 January 2001 the Council may not vary or waive the requirement for a NZLS Legal Executive Qualification.

The Council is not bound to give any reasons for its decision to approve or refuse applications for membership or to vary waive, or add to the requirements for admission to membership.

8.2 Applications for Membership: All applications for membership must be:

8.2.1 made to the Council in writing in the form from time to time prescribed by the Council; and

8.2.2 accompanied by copies (which shall be certified or non-certified as the Council directs) of any documents from time to time required by the Council; and

8.2.3 accompanied by any other information required from time to time by the Council.

8.3 Categories of Membership: The Institute will admit Members in the following categories:

8.3.1 Affiliate Members: being a Legal Executive who has been in Qualifying Employment for a minimum of 12 consecutive months immediately preceding the date of application for membership;

8.3.2 Associate Members: being a Legal Executive who has been in Qualifying Employment for a minimum of 3 consecutive years immediately preceding the date of application for Associate membership;

8.3.3 Fellows of the Institute: being a Legal Executive, who must hold the NZLS Legal Executive Qualification, and who has been in Qualifying Employment for a minimum of 10 consecutive years immediately preceding the date of application to become a Fellow of the Institute and who has been an Associate Member for a period of 5 consecutive years immediately preceding the date of application to become a Fellow of the Institute;

8.3.4 Honorary Life Members: being a retiring, resigning or past Member who, in the discretion of the Council and on the recommendation of any Member of the Council, Branch or regional representative, is granted honorary life membership;

8.3.5 Support Members: being any person who:

1. is studying for the NZLS Legal Executive Qualification or such other qualification as the Council, in its discretion, from time to time approves; or
2. holds the NZLS Legal Executive Qualification but has not been in Qualifying Employment for 12 consecutive months immediately preceding the date of application for membership of the Institute; or
3. is a former Member of the Institute who wishes to remain in contact with the Institute; or
4. is a person who qualifies for membership as an Affiliate, Associate or Fellow of the Institute but chooses not to apply for such membership; or
5. does not meet the criteria contained in this subclause 8.3.5 but who is approved by the Council, in its discretion, as a Support Member.

8.4 Continuation of Membership: All Members at the date of adoption of these rules as the Rules are confirmed in their membership in their respective categories.

8.5 Membership of Legal Executives from Countries Other than New Zealand:

8.5.1 A Legal Executive from the Institute of Legal Executives of the United Kingdom, the States of Australia, Canada or any other Commonwealth country may be admitted as an Associate or Fellow respectively upon:

1. producing evidence of enrolment as an Associate or admission as a Fellow in the State or Country concerned; and
2. producing references satisfactory to the Council including a character reference; and
3. producing an undertaking to abide by the ethical standards laid down by the Institute; and
4. completing one year of employment in New Zealand as a Legal Executive as evidenced by an employer's certificate in such form as the Council from time to time prescribes.

8.5.2 A person who is a Legal Executive, Para-legal or has a similar job from a state or country other than those referred to in subclause 8.5.1 of this clause may be admitted as an Associate or Fellow upon:

1. satisfying the Council that the nature of the work carried out by that person is equivalent to that carried out by a Legal Executive in New Zealand; and
2. producing references satisfactory to the Council in its absolute discretion including a character reference; and
3. producing an undertaking to abide by the ethical standards laid down by the Institute; and
4. completing one year of employment in New Zealand as a Legal Executive as evidenced by an employer's certificate in such form as the Council from time to time prescribes; and
5. complying with any other conditions the Council in its discretion considers appropriate from time to time.

8.6 Lapsed Members: Any Member who has at any time been admitted as an Associate or Fellow and has ceased for any reason to be an Associate or Fellow may apply to the Council for reinstatement, in the Council's discretion, at any time after resuming employment as a Legal Executive.

8.7 Voting Rights Attaching to Membership:

8.7.1 Members who are Affiliates, Associates, or Fellows shall have full voting rights provided that only Members who have paid their annual subscription fee may vote at an Annual General Meeting or Special General Meeting of the Institute.

8.7.2 Members who are Honorary Life Members or Support Members shall not have voting rights.

8.8 Subscriptions:

8.8.1 The Council shall from time to time determine the annual subscription fee for each category of membership other than for Honorary Life Members for whom no annual subscription fee shall be charged. The Council shall have complete discretion as to the amount of the fee to be determined for each category of membership.

8.8.2 The Council shall from time to time determine a branch levy to be included in and form part of the annual subscription fee.

8.8.3 Every Member shall pay the annual subscription fee for his or her category of membership within such time period as the Council in its discretion determines and notifies to Members.

8.8.4 The Council may, in its discretion, remit all or part of the annual subscription fee of any Member who applies for remission of the annual subscription fee.

8.8.5 The Council may, in its discretion, suspend all or any of the rights and privileges of a Member or may terminate the membership of a Member who fails or refuses to pay the annual subscription fee in accordance with clause 8.8.3 of the Rules.

8.9 Ethical Obligations of Members:

8.9.1 The Council shall from time to time direct that all or part of the Rules of Professional Conduct for Barristers and Solicitors from time to time prescribed by the NZLS are to be obeyed and observed by all Members.

8.9.2 Members must know and observe the requirements of the part or parts of the Rules of Professional Conduct for Barristers and Solicitors as directed by the Council.

8.9.3 Any Member who breaches any of the Rules of Professional Conduct for Barristers and Solicitors shall be liable for disciplinary action.

8.10 Suspension, Termination and Resignation of Membership:

8.10.1 Any Member who is guilty of conduct unbefitting a Member or who wilfully commits any breach of the Rules may be suspended or expelled from membership.

8.10.2 If the Council receives a notice in writing alleging that a Member is guilty of conduct unbefitting a Member or has wilfully committed a breach of the Rules, the Council shall, within 14 days from the date of receiving the notice, form a special committee called the "Disciplinary Committee" which shall consist of not less than 5 Members of the Council.

8.10.3 The Disciplinary Committee:

1. shall have full power to investigate, report upon and make recommendations to the Council in relation to the alleged offence;
2. shall immediately convene a hearing to deal with the alleged offence;
3. shall ensure that the Member in question is given reasonable notice of the circumstances and facts of the alleged offence and the date of the hearing;
4. shall ensure that the Member in question is given every reasonable opportunity to put his or her case to the Disciplinary Committee;
5. may report to the Council that the allegation is not sustained or sustained in whole or part;
6. if the Disciplinary Committee reports that the alleged offence is sustained in whole or part, it shall also recommend that the Member be admonished, reprimanded, suspended, or expelled, subject to such conditions as it thinks fit or be subject to no penalty.

8.10.4 The Council shall:

1. be bound to implement any recommendation made by the Disciplinary Committee provided that the Council is satisfied that reasonable notice of the circumstances and facts of the alleged offence has been given to the Member and that the Member has been given every reasonable opportunity to answer such allegation;
2. immediately upon receiving the recommendation of the Disciplinary Committee, give notice of the recommendation to the Member. If the Disciplinary Committee recommends that the Member be suspended or expelled from membership, such suspension or exclusion shall be effective from the date of notice to such Member.

8.10.5 Any Member may resign from the Institute by notice in writing to the Institute and upon receipt of notice by the Institute the Member shall cease to be a Member.

8.10.6 A Member shall immediately cease to be a Member upon:

1. resignation by notice in writing;
2. ceasing to be a Legal Executive;
3. death;
4. becoming a patient as that term is defined in the Mental Health (Compulsory Assessment and Treatment) Act 1992, or a person subject to the jurisdiction of the High Court under sections 6 or 25 of the Protection of Personal and Property Rights Act 1988;
5. the Member being declared bankrupt or making an arrangement or composition with creditors;
6. failure to pay any fee or subscription due under the Rules;
7. notice of expulsion being sent to the Member in accordance with clause 8.10.4.

8.11 Certificate of Membership: Any certificate of membership or practising certificate of the Institute remains the property of the Institute and may be withdrawn at any time at the discretion of the Council. If a certificate is withdrawn, the person named in the certificate shall not be entitled to pass himself or herself off as a Member or to use the description stated in the certificate. If a Member resigns, he or she shall immediately return his or her certificate to the Institute.

8.12 Register of Members: The Institute shall keep a Register of Members containing the names, addresses and occupations of Members of the Institute and the dates of their entry in the Register of Members. Any changes in membership shall be recorded by the Institute in the Register.

8.13 Communications: With the exception of the Executive Officer in the fulfilment of his or her day-to-day functions, neither Members nor individual Councillors shall issue or make any communication on any matter affecting the Institute without first obtaining the consent of the Council.

8.14 Antecedent Liability: Expulsion, suspension or cessation of membership shall not release a Member from any antecedent liability to the Institute including liability for payment of outstanding annual subscription fees.

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