Terms of Engagement
The purpose of these terms of engagement is to set out the terms and conditions upon which we will act for you. There terms and conditions apply in respect of all work carried out by us on your behalf except to the extent that we otherwise agree with you in writing. You are deemed to have accepted these terms and conditions by instructing us to act for you or continuing to instruct us to act for you.
Client Care Charter
When providing legal services to you we will:
- Act competently, in a timely way, and in accordance with instructions received and arrangements made.
- Protect and promote your interests and act for you free from compromising influences or loyalties.
- Discuss with you your objectives and how they should best be achieved.
- Provide you with information about the work to be done, who will do it and the way the services will be provided.
- Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
- Give you clear information and advice.
- Protect your privacy and ensure appropriate confidentiality.
- Treat you fairly, respectfully and without discrimination.
- Keep you informed about the work being done and advise you when it is completed.
- 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 Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and the justice system. If you have any questions, please contact us on 07 889 5062 or visit lawsociety.org.nz. or call 0800 261 801.
The Basis of our Charges
Unless agreed otherwise our fees are based on the range of factors applied by the NZ Law Society, including time, expertise, importance, urgency and results achieved. We also charge for disbursements, searching, court fees, registration, and Land Information New Zealand (LINZ) administration fees, duties/levies, etc. These will be itemised separately, and we will notify you if any fees or disbursements need to be paid for in advance.
Termination of Legal Services
- If your accounts remain outstanding after sixty (60) days from the date of the letter, no further work will be undertaken by any lawyer of the firm until appropriate arrangements are made to bring the account back into good standing.
- At all times you have the right to terminate our services upon giving us reasonable written notice to that effect.
- We may terminate the retainer if there is good cause, such as you not providing us with instructions in a sufficiently timely manner or in your unwillingness, inability or failure to pay our fee on an agreed basis, or, except in litigation matters your adopting against our advice a course of action which we believe is highly imprudent and may be inconsistent with our fundamental obligations as lawyers. If we terminate the retainer we will give you reasonable notice so that you can arrange alternative representation and we shall give you reasonable assistance to find another lawyer.
- If our retainer is terminated you must pay us all fees, disbursements, and expenses incurred up to the date of termination
FATCA (Foreign Account Tax Compliance Act)
All New Zealand law firms are now required to identify, collect and report information about clients’ foreign tax residency to the New Zealand Inland Revenue Department (“IRD”). The IRD may then share this information with the relevant tax authority if an Agreement is held with that country.
Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“AML/CFT”)
Lawyers must comply with AML/CFT requirements. Lawyers must do a number of things to help combat money laundering and terrorist financing and to help police bring the criminals who do it to justice. The AML/CFT law does this because the services law firms and other professionals offer may be attractive to those involved in criminal activity.
The AML/CFT law says that law firms and other professionals must assess the risk they may face from the actions of money launderers and people who finance terrorism and must identify potentially suspicious activity.
To make that assessment lawyers must obtain and verify information from prospective and existing clients about a range of things. This is part of what the AML/CFT law calls “customer due diligence”.
If we are not able to obtain the required information from you, it is likely we will not be able to act for you. Because the law applies to everyone, we need to ask for the information even if you have been a client of ours for a long time.
Before we start working for you in respect of handling money on your behalf we will let you know what information we need and what original documents you need to show us so we may verify and copy for our AML/CFT records.
Professional Indemnity Insurance & Fidelity Fund
We hold professional indemnity insurance that meets or exceeds the standards specified by the Law Society. The Lawyers’ Fidelity Fund also provides a limited form of cover up to specified maximums in certain circumstances. Except in certain circumstances specified in the Lawyers and Conveyancers Act 2006, the Fidelity Fund does not cover a client for any loss relating to money that a Lawyer is instructed to invest on behalf of the client.
Investment Advice
We record that we do not give investment advice nor, when conveyancing property, do we give advice in relation to the quality of the investment.
Complaints
If you have any concerns or complaints that you prefer not to raise with the Director named above with overall responsibility for this matter, please contact the other Director of Allen Needham & Co Limited. We are committed to resolving any issues as soon as possible.
If we have been unable to resolve a complaint or concern you may contact the NZ Law Society’s Lawyers’ Complaints Service, at 26 Waring Taylor Street, PO Box 5041, Wellington 6145, Tel (04) 472 7837 or (0800) 261 801, Fax (04) 473 7909
Files and Documents
You authorise us without further reference to you, to destroy all files and documents for this matter, other than any documents that we hold in safe custody for you, seven (7) years after our engagement ends, or earlier if we have converted those files and documents to an electronic format. We will provide to you on request copies of originals, at our option, or copies of all documents which you are entitled under the Privacy Act 1993 or any other applicable law. We may charge you our reasonable costs for doing this.
Anti-Money Laundering (“AML”) Guidelines
From 1 July 2018 all law firms will need to comply with the requirements of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML for short).
The purpose of the AML law reflects New Zealand’s commitment to the international initiative to counter the impact that criminal activity has on people and economies within the global community.
Recent changes to the AML legislation mean lawyers must do a number of things to help combat money laundering and terrorist financing, and to help Police bring the criminals who do it to justice. The AML law does this because the services law firms and other professionals offer may be attractive to those involved in criminal activity. The law says that law firms and other professionals must assess the risk they may face from the actions of money launderers and people who finance terrorism and must identify potentially suspicious activity. To make that assessment, lawyers must obtain and verify information from prospective and existing clients about a range of things. This is part of what the AML law calls “customer due diligence”.
Customer Due Diligence Requirements
Customer due diligence requires a law firm to undertake certain background checks before providing services to clients or customers. Lawyers must take reasonable steps to make sure the information they receive from clients is correct, and so they need to ask for documents that show this. We will need to obtain and verify certain information from you to meet these legal requirements. This information includes:
- your full name; and
- your date of birth; and
- your address.
To confirm these details, documents such as your driver’s licence or your birth certificate, and documents that show your address - such as a current bank statement - will be required.
If you are seeing us about company or trust business, we will need information about the company or trust including the people associated with it (such as directors and shareholders, trustees and beneficiaries).
We may also need to ask you for further information. We will need to ask you about the nature and purpose of the proposed work you are asking us to do for you. Information confirming the source of funds for a transaction may also be necessary to meet the legal requirements
If You Can't Provide the Required Information
If we are not able to obtain the required information from you, it is likely we will not be able to act for you. Because the law applies to everyone, we need to ask for the information even if you have been a client of ours for a long time.
Before we start working for you, we will let you know what information we need, and what documents you need to show us and let us photocopy.
Please contact the lawyer who will be undertaking your work, if you have any queries or concerns.
Privacy Policy
See Privacy Policy.
Contact Information
For enquiries regarding these Terms of Engagement, phone 07 889 5062 or email us at law@anco.co.nz.
Please send written correspondence to:
P.O. Box 12
Morrinsville 3340
DX Mail GA24001
52 Canada St.
Morrinsville
Ph: (07) 889 5062
Email: law@anco.co.nz
