Plain language law

New Zealand law explained for everyone

Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

153: Hearings on the papers

You could also call this:

"The committee makes a decision based on written information, without a face-to-face meeting."

Illustration for Lawyers and Conveyancers Act 2006

You are involved in a complaint about a lawyer or conveyancer. A hearing on the papers means the committee makes a decision based on written information. You can make written submissions to the committee. If you make a complaint, you can write to the committee. The person you complained about can also write to the committee. Other people related to the complaint can write to the committee too. You can include extra information with your submission. You can also respond to what others have written. The committee makes its decision based on what is written. It can consider the written information in any way it likes. You cannot appear in person or send a representative to talk to the committee.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366193.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

152: Power of Standards Committee to determine complaint or matter, or

"The Standards Committee decides complaints about lawyers."

Next

154: Reference of complaint or matter to Disciplinary Tribunal, or

"When a complaint about a lawyer is serious, it gets sent to a special tribunal to decide what happens next."

Part 7Complaints and discipline
Complaints

153Hearings on the papers

  1. A hearing conducted under section 152(1) by a Standards Committee is to be a hearing on the papers, unless the Standards Committee otherwise directs.

  2. Subsections (3) to (8) apply to hearings under section 152(1) that are conducted on the papers.

  3. If the hearing is with regard to a complaint, the persons who may make written, but not oral, submissions to the Standards Committee are—

  4. the complainant:
    1. the person in respect of whom the complaint was made:
      1. a person who, or body that, is or was, in relation to the person in respect of whom the complaint was made, a related person or entity:
        1. a person who is or was a director of an entity that is or was, in relation to the practitioner or former practitioner in respect of whom the complaint was made, a related entity:
          1. the New Zealand Law Society (if the person in respect of whom the complaint was made is or was a lawyer or an incorporated law firm or an employee of a lawyer or an incorporated law firm):
            1. the New Zealand Society of Conveyancers (if the person in respect of whom the complaint was made is or was a conveyancing practitioner or an incorporated conveyancing firm or an employee of a conveyancing practitioner or an incorporated conveyancing firm).

              1. If the hearing is with regard to a matter under section 130(c), the persons who may make written, but not oral, submissions to the Standards Committee are—

              2. the person to whom the inquiry under section 130(c) relates:
                1. a person who, or body that, is or was, in relation to the person to whom the inquiry under section 130(c) relates, a related person or entity:
                  1. a person who is or was a director of an entity that is or was, in relation to the practitioner or former practitioner to whom the inquiry under section 130(c) relates, a related entity:
                    1. the New Zealand Law Society (if the person to whom the inquiry relates is or was a lawyer or an incorporated law firm or an employee of a lawyer or incorporated law firm):
                      1. the New Zealand Society of Conveyancers (if the person to whom the inquiry relates is or was a conveyancing practitioner or an incorporated conveyancing firm or an employee of a conveyancing practitioner or incorporated conveyancing firm).

                        1. The persons specified in subsections (3) and (4) may include in their submissions—

                        2. additional relevant written material; and
                          1. responses to any submissions made to the Standards Committee by any other person.

                            1. Neither the persons specified in subsections (3) and (4) nor their representatives may appear before the Standards Committee.

                            2. The Standards Committee must make its determination on the basis of the written material before it.

                            3. Consideration of the written material may be undertaken in whatever manner the Standards Committee thinks fit.