Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

151: Evidence

You could also call this:

"What evidence is used to make decisions about complaints"

Illustration for Lawyers and Conveyancers Act 2006

When you are dealing with a complaint, a Standards Committee can look at any information that might help them make a decision. They can consider things that might not be allowed in a court of law. You should know that the committee can also ask people to swear an oath when giving evidence. A Standards Committee can ask someone to give evidence in writing and then confirm it with an oath if needed. The committee can also follow the rules in the Evidence Act 2006 when dealing with evidence. This means they can use the same rules as a court when deciding what evidence to accept. The Standards Committee must also follow some other rules, which are outlined in sections 142(1) and 143(5). These rules help the committee make fair decisions when dealing with complaints. You can find more information about these rules in the relevant sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366190.

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Part 7Complaints and discipline
Complaints

151Evidence

  1. A Standards Committee may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not the statement, document, information, or matter would be admissible in a court of law.

  2. A Standards Committee may take evidence on oath, and for that purpose, any member or officer of the Standards Committee may administer an oath.

  3. A Standards Committee may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Standards Committee thinks fit, verifying that statement by oath.

  4. Subject to subsections (1) to (3), the Evidence Act 2006 applies to a Standards Committee in the same manner as if it were a court within the meaning of that Act.

  5. This section is subject to sections 142(1) and 143(5).

Notes
  • Section 151(4): amended, on , by section 216 of the Evidence Act 2006 (2006 No 69).