Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

149: Disclosure of report

You could also call this:

"Getting a copy of a complaint report about you"

Illustration for Lawyers and Conveyancers Act 2006

When a Standards Committee gets a report from an investigator, they must give a copy of the report to you if it is about you. They must also give a copy to your lawyer, and to the person who made the complaint. You might be a lawyer, or someone related to a lawyer, or you might work for a lawyer. If the Standards Committee thinks there is a good reason not to give you the whole report, they can leave some things out or not give it to you at all. They might do this to protect someone's privacy, but they do not have to tell you why they are doing it, they just have to tell you that they are not giving you the report or that they are leaving some things out. If they do this, they must tell you why they are not giving you the report or why they are leaving things out. The Standards Committee has to follow these rules when dealing with reports about complaints. You have the right to know what is in the report if it is about you. The Standards Committee will decide what to do with the report and who gets to see it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366188.

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148: Report to Standards Committee, or

"Keeping Reports to the Standards Committee Private"


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150: Discretion in relation to contents of report, or

"Who can see a report about a complaint against a lawyer?"

Part 7Complaints and discipline
Complaints

149Disclosure of report

  1. Subject to subsection (2), a Standards Committee that receives a report from an investigator must give a copy of that report to—

  2. any person to whom the report relates, being—
    1. a practitioner or former practitioner; or
      1. a person who, or body that, is or was, in relation to a practitioner, a related person or entity; or
        1. an incorporated firm or former incorporated firm; or
          1. an employee or former employee of a practitioner or an incorporated firm; and
          2. any practitioner representing the person to whom the report relates; and
            1. the complainant.
              1. Where, in the opinion of the Standards Committee there is good reason for not, under subsection (1), giving a copy of the report to a person or for withholding from a person some of the information contained in the report, the Standards Committee may, as the case requires,—

              2. refuse to give a copy of the report to that person; or
                1. make, to the copy given to that person, such deletions or alterations as the Standards Committee considers necessary.
                  1. If, under subsection (2), a Standards Committee takes, in respect of any person, either of the actions referred to in subsection (2), the Standards Committee must give to that person its reasons for the action.