Tag: Court Of Appeal

By Kim Matheson pass Vice President New Zealand Society of Conveyancers and Founding Member.

This is a tribute to Lester Roy Dempster who passed away on the 5th June 2009 and an overview of Conveyancing Practitioners. Lester was the President of the New Zealand Society of Conveyancers. It is through Lester’s efforts we are privileged to have the new Profession of the Conveyancing Practitioners in New Zealand.

Lester commenced his work in the profession first with 10 years at the former Lands and Survey Dept as a Survey Draftsman, and a further 10 years with the Lands and Deeds Registry as an Assistant Land Registrar.

Lester was aware under the Land Transfer Act 1952 there was a provision for Land Brokers to provide Conveyancing services in New Zealand to consumers as an alternative to traditional Solicitors.

The practice of Land Brokers ceased just before the second world war when the then Minister of Justice and former Lawyer stopped issuing any more Licenses to non-Lawyer Land Brokers as they took away the remunerative work from Lawyers.

A series of Court cases ensued including a challenge to the Registrar-General of Land for the re-introduction of Licensed Land Brokers which was still statute.

Lester obtained his License in South Australia and under the Trans Tasman Mutual Recognition Act 1997 was licensed to operate in New Zealand as a Land Broker.

The Law Society took the RGL to court and Lester intervened and the case went to the Court of Appeal. This case was won by Lester who was allowed to practice.

Conveyancing was his passion, and through some very trying times over many years he rose to the challenges of the Legal Fraternity. They could do nothing to stop him from his endeavours.

Lester was backed all the way by his very close friends and associates Vicki Dempster and Robyn Renouf. I had the pleasure of meeting a very jovial Lester in April 2002 whilst undertaking a business assessment at the time for LJ Hooker Conveyancing that were operating in Auckland. It was at this time I obtained my Land Brokers License.

Upon my return to Perth I stayed in close contact with Lester and followed legislation being formed. I was able to provide Lester with some great insight as Conveyancers had been licensed in Western Australia since 1982, and I had worked in a Regulated Industry.

Once the Lawyers and Conveyancers Act 2006 received its Royal Assent in April 2006 we planned our move to New Zealand to embark on a very exciting venture.

For 18 months Lester, Robyn and I consulted directly with the Ministry of Justice for the implementation of the Rules and Regulations which would govern Conveyancing Practitioners today.

We funded our own trips and expenses backwards and forwards to the capital for the cause.

It was a fantastic opportunity being involved with the Ministry and parttaking in the evolution of the Profession.

The 1st August 2008 was a day to celebrate, which we did of course with champagne, thank you Robyn. The Lawyers and Conveyancers Act 2006 came into effect. No longer did the Legal Fraternity have the monopoly on the market.

The first meeting of the New Zealand Society of Conveyancers was held. Lester elected President and I, Vice President. I retained this position until May 2009 but unfortunately with the demands of running a business and children stepped down.

Some great work has been accomplished with much more yet to be done.

So Lester thank you very much, it was a pleasure and honour to work with you.

Kim Matheson
Principal Property Conveyancing Services Ltd

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