Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

150: Discretion in relation to contents of report

You could also call this:

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

Illustration for Lawyers and Conveyancers Act 2006

If you make a complaint, a report is written about it. A Standards Committee can choose to share the report with certain people. They can share it with the person's work partners, or people related to them. You can think of a related person like a family member or someone who works with them. A related entity is like a company they own or work for. The committee can also share the report with inspectors, auditors, or the Law Society. They can share it with a qualified accountant, which means someone who is very good at managing money, as defined in section 5(1) of the Financial Reporting Act 2013. The committee can also share the report with the Police or the Serious Fraud Office if they need it to do their job. They can share it with the Registrar-General of Land so they can do their job under the Land Transfer Act 2017. The committee can also share the report with the person's clients.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366189.

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149: Disclosure of report, or

"Getting a copy of a complaint report about you"


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151: Evidence, or

"What evidence is used to make decisions about complaints"

Part 7Complaints and discipline
Complaints

150Discretion in relation to contents of report

  1. A Standards Committee that receives a report from an investigator may, in its discretion, communicate the contents of it, or any part of the contents, to—

  2. any person who is a partner in a firm of practitioners to which the practitioner or former practitioner to whom the report relates belongs or belonged:
    1. any person—
      1. who is or was, in relation to the practitioner or former practitioner to whom the report relates, a related person; or
        1. who is or was a director of an entity that is or was, in relation to the practitioner or former practitioner to whom the report relates, a related entity:
        2. the Law Society inspectorate or the Conveyancers Society inspectorate, as the case may require:
          1. the auditor of the trust account of the practitioner or former practitioner to whom, or of an incorporated firm or former incorporated firm to which, the report relates:
            1. the Council of the New Zealand Law Society or the Council of the New Zealand Society of Conveyancers, as the case may require:
              1. a qualified statutory accountant (within the meaning of section 5(1) of the Financial Reporting Act 2013):
                1. any Police employee or member of the Serious Fraud Office acting in the performance of his or her duty:
                  1. the Registrar-General of Land for the purpose of enabling the Registrar-General of Land to discharge his or her duties under the Land Transfer Act 2017 or any other enactment:
                    1. any client of the practitioner or former practitioner to whom, or of the incorporated firm or former incorporated firm to which, the report relates.
                      Compare
                      Notes
                      • Section 150(f): replaced, on , by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).
                      • Section 150(g): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
                      • Section 150(h): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).