Legal Profession Act 2007

The supervisor of trust money of a law practice has the powers and duties of the practice in relation to the trust money of the law practice, including powers—

to receive trust money entrusted to the practice; and

to open and close trust accounts.

For performing the functions of a supervisor of trust money of a law practice, the supervisor may do any or all of the following—

enter and remain on premises used by the law practice in connection with its engaging in legal practice;

require the law practice or an associate or former associate of the law practice, or another person who has or had control of files or documents relating to trust money received by the practice, to give the supervisor either or both of the following—

access to the files or documents that the supervisor reasonably requires;

information relating to the trust money that the supervisor reasonably requires;

operate equipment or facilities on the premises, or require a person on the premises to operate equipment or facilities on the premises, for a purpose relevant to the supervisor’s appointment;

take possession of any relevant material and retain it for as long as may be necessary;

secure any relevant material found on the premises against interference, if the material can not be conveniently removed;

take possession of any computer equipment or computer program reasonably required for a purpose relevant to the supervisor’s appointment.

If the supervisor takes anything from the premises, the supervisor must issue a receipt, in a law society approved form, and—

if the occupier or a person apparently responsible to the occupier is present at or near the premises—give the receipt to the occupier or person; or

otherwise—leave the receipt at the premises in an envelope addressed to the occupier.

This section applies to trust money held by the practice before the supervisor is appointed, as well as to trust money received afterwards.

The supervisor does not have a role in the management of the affairs of the law practice except in so far as the affairs relate to a trust account of the practice.

If the supervisor is refused access to the premises or the premises are unoccupied, the supervisor must advise the law society about the refusal.

For this section, the supervisor is declared to be a public official for the Police Powers and Responsibilities Act 2000, chapter 1, part 3, division 2.