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Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

133: Complaint of failure to comply with order or final determination

You could also call this:

"Complaining about someone not following a law order or decision"

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You can't make a complaint about someone not following an order or final decision from a Standards Committee under section 132(1)(c) if an application to review that order is already with the Legal Complaints Review Officer. You also can't make this complaint if the time to apply for a review has not yet run out. The time to comply with the order must be at least as long as the time to apply for a review. You need to consider the time allowed for lodging an application for review with the Legal Complaints Review Officer when deciding if someone has had enough time to comply with an order. This time is important for section 132(1)(c). It helps work out if someone has had a reasonable time to follow the order. When someone gets an order from a Standards Committee, they must be given enough time to comply with it. This time must be fair and reasonable. It is linked to the time allowed for applying to the Legal Complaints Review Officer for a review of the order, as stated in section 132(1)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366171.

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Part 7Complaints and discipline
Complaints

133Complaint of failure to comply with order or final determination

  1. A complaint that a practitioner or former practitioner or an incorporated firm or former incorporated firm, or an employee or former employee of a practitioner or an incorporated firm, has failed to comply with an order or final determination of a Standards Committee may not be made under section 132(1)(c) if,—

  2. in any case in which an application for the review of the order or determination has been lodged with the Legal Complaints Review Officer within the time allowed, that application has not been disposed of; or
    1. in any other case, the time allowed for the lodging with the Legal Complaints Review Officer of an application for the review of the order or determination has not expired.

      1. For the purposes of section 132(1)(c), a reasonable time for complying with an order or final determination of a Standards Committee must not be less than the time allowed for the lodging with the Legal Complaints Review Officer of an application for the review of that order or determination.