KEY POINTS:
An "Auckland versus Wellington" battle has erupted over which law society will represent the profession.
The Auckland District Law Society wants to break away from its counterparts nationwide, taking more than $12 million in assets and up to half the country's lawyers with it.
It has rejected a "one society" model which would have seen all 14 societies come under the umbrella of the Wellington-based New Zealand Law Society.
The Auckland group does not want to cede control of many of its functions, 65 staff and $12 million headquarters in Chancery St.
The "one society" model was made possible by the Lawyers and Conveyancers Act that came into effect this month.
Under the legislation, lawyers will be required to pay fees to the New Zealand Law Society, which will be the regulatory body and a "one-stop shop" for complaints.
Previously, lawyers were required to join the district societies, which dealt with complaints.
With the regulatory requirement gone, the societies, including Auckland, all agreed to fold their other assets and services into the one society.
However, the day before the act came into effect on August 1, the Auckland group's council changed its mind, writing to its members saying folding in would be "reckless" and it wanted to "preserve our assets and services for future generations".
The council recommended staying separate, and the 4500 Auckland members will now hold a special vote to decide their society's future.
The legislation requires a decision by February.
President Keith Berman said Auckland would have been happy with the new NZ society if the Wellington part took on the regulatory role and left Auckland with the "representative" role it was already doing.
He said that as the New Zealand Law Society would not give adequate assurances this would happen, Auckland had withdrawn its support.
Mr Berman said the other law societies - such as Westland, with 10 members - were in a different position.
"This is about a big organisation with little control, and a small organisation that won't give us any certainty."
Mr Berman said membership of the Auckland society would be voluntary, and "complement" rather than "rival" the New Zealand Law Society.
The New Zealand Law Society's president, John Marshall, QC, said the Auckland decision "does not affect the constitutional structure that has been established and which other districts continue to support".
