About Us

Finding the right lawyer is often about ‘fit’. We take the time to get to know our clients at the beginning to ensure that the advice we give is tailored to your specific needs. We welcome new clients, and invite you to a no-obligation initial consultation to see if we’re the right fit for you.

We were established in 1983. Many of our clients go back to day one. While we’re proud of our past, we are future-focused. We invest in technology and our people, so that we can provide efficient and friendly service to our clients. Above all, we strive to provide legal advice that is robust, tested and practical.

 Our Terms of Engagement

We accept instructions to act for clients on the following terms:

Instructions

• The services Waikanae Law is to provide for you will be outlined in our engagement letter along with any further instructions that you provide to us in writing (or that we record in writing).

• When instructing Waikanae Law on behalf of a third party such as a partnership, trust, incorporated society or company, or under an enduring power of attorney, you warrant that you are authorised to give such instructions and you indemnify us in that regard.

Personal Information and Communication

• Waikanae Law will ask you to provide your contact details, which includes your residential and postal addresses, email addresses and telephone numbers. You agree to advise us if your contact details change. We will also ask you to provide photo identification, proof of your address and, for conveyancing matters, your Inland Revenue number.

• Waikanae Law will generally provide documents and other communications to you by email. If this is impractical for any reason, please discuss this with your solicitor.

• Waikanae Law will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.

Fees and Disbursements

• Waikanae Law’s letter of engagement to you will set out the basis upon which you will be charged for our work. Such charges will be on the basis of:

  (a) a fixed fee; or

  (b) the solicitors’ hourly rates as determined from time-to-time, billed in six-minute increments; or

  (c) a combination of fixed-fee and hourly rate.

• GST is payable by you on all fees and charges

• Fees charged based on hourly rates may be adjusted (upwards or downwards) to ensure that the fee is fair and reasonable having regard to factors such as the complexity, urgency, value and importance of the work completed. Relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Care) Rules 2008.

• The provision of certain services will require the payment of disbursements, such as court filing fees and property search and registration fees. You authorise Waikanae Law to incur such disbursements on your behalf. In certain circumstances Waikanae Law will require the payment of disbursements in advance; otherwise they will be included in our invoice to you.

• For matters billed on an hourly rate basis, Waikanae Law will provide an estimate of fees if requested. Any such estimate is not a quote and, unless otherwise stated, excludes GST and disbursements. If an estimate of fees is likely to be exceeded, your solicitor will discuss this with you at the earliest opportunity.

• If Waikanae Law is engaged to act for you on a legal aid basis and legal aid is applied for but not granted, or is subsequently withdrawn, you agree to pay the amount billed in terms of this agreement.

 Invoices and Payment Terms

• Waikanae Law will send invoices at the beginning of each calendar month, and on completion of the matter or on termination of our engagement. Invoices are payable within 14 days of the date of the invoice unless you have made alternative payment arrangements which have been agreed by us in writing.

• If Waikanae Law is engaged to complete residential conveyancing services, you must pay our fees and any disbursements on or before settlement day unless you have arranged otherwise. Waikanae Law will give you a total figure to settle your account on or before settlement day.

• You authorise Waikanae Law to debit against amounts prepaid by you, and/or to deduct from any funds held on your behalf in our trust account, for any fees, expenses or disbursements for which we have issued an invoice.

• Please contact us promptly to discuss payment arrangements if you are unable to pay one of our invoices. In respect of overdue amounts for which no payment arrangement has been made, and until such overdue amounts have been paid in full, we may:

  (a) Charge interest at the rate of 1 per cent per month or part thereof;

  (b) Stop work on any matters in respect of which we are providing services to you;

  (c) Require the payment of fees in advance or other security before recommencing work;

  (d) Recover from you in full any costs incurred (including on a solicitor/client basis) in seeking to recover the amounts from you, including our own fees and the fees of any collection agency.

• You understand that Waikanae Law will also hold a lien over funds and documents in our possession until payment is made.

• Although you may expect to be reimbursed by a third party for fees and expenses, and although the invoices may at your request or with your approval be directed to a third party, you nevertheless remain responsible for payment should that third party fail to pay the invoices.

 Other Matters

• In relation to court proceedings you acknowledge that if you fail to provide us with instructions or should we be unable to contact you we will apply to the court to be removed as solicitor on record.

• You authorise us, without further reference to you, to destroy all files and documents held in relation to a particular matter seven years after our engagement ends, or earlier if we have converted those files and documents to an electronic format. Please note that does not apply to documents, such as trust deeds, wills and powers of attorney which are held securely and indefinitely on your behalf.

• Waikanae Law has procedures in place to identify and respond to conflicts of interest. If a conflict of interest arises, we will discuss this with you and follow the requirements of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

• Our duty of care is to you and not to any other person. Before any other person may rely on our advice, Waikanae Law must give its express agreement in writing.

• Lawyers are required to comply with the Anti-Money Laundering and Countering of Financing of Terrorism Act 2009. This requires us to take steps to establish the identity of our clients and, in certain circumstances, the source of funds used in a transaction. We appreciate you assisting us to meet those requirements.

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 requires us to provide the following information to you:

• The basis on which fees will be charged and when and how they are required to be paid is set out in this document.

• We hold professional indemnity insurance that meets or exceeds the minimum standards set by the NZ Law Society. Particulars of those minimum standards will be provided on request.

• The NZ Law Society maintains the Lawyers Fidelity Fund for the purposes of providing clients of lawyers with protection against pecuniary loss arising from theft by lawyers. The maximum amount payable by the Fidelity Fund by way of compensation to an individual claimant is limited to $100,000.  Except in certain circumstances, the Lawyers Fidelity Fund does not provide cover for any loss of money that a lawyer is instructed to invest on behalf of the client.

• Waikanae Law has a procedure for handling client complaints which is designed to ensure that any complaint is dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer your complaint to the person in our firm who has overall responsibility for your work.

• If you do not wish to refer your complaint to the person responsible for your work, of if you are not satisfied with the response to your complaint, you may refer your complaint to the practice principal, Eoin Cameron by letter to PO Box 8, Waikanae 5250, by phone on 04 902 5088, or by email to eoin@waikanaelaw.co.nz. You may also contact the NZ Law Society’s Lawyers Complaints Service on 0800 261 801 or by emailing complaints@lawsociety.org.nz.

• The name and status of the person or persons who will have the general carriage of or overall responsibility for the services we provide for you will be set out in our letter of engagement.

• Any limitations as to the extent of our obligations to you or any limitation or exclusion of liability will be set out in our letter of engagement to you.

• The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 provides:

 Whatever legal services your lawyer is providing, he or she must:

(a)         Act competently, in a timely way, and in accordance with instructions received and arrangements made.

(b)         Protect and promote your interests and act for you free from compromising influences or loyalties.

(c)         Discuss with you your objectives and how they should best be achieved.

(d)         Provide you with information about the work to be done, who will do it and the way the services will be provided.

(e)         Charge you a fee that is fair and reasonable and let you know how and when you will be billed.

(f)          Give you clear information and advice.

(g)         Protect your privacy and ensure appropriate confidentiality.

(h)         Treat you fairly, respectfully and without discrimination.

(i)          Keep you informed about the work being done and advise you when it is completed.

(j)          Let you know how to make a complaint and deal with any complaint promptly and fairly.

The obligations lawyers owe to clients are described in the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system.

If you have any questions, please visit www.lawyers.org.nz or phone 0800 261 801.