Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

154: Reference of complaint or matter to Disciplinary Tribunal

You could also call this:

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

Illustration for Lawyers and Conveyancers Act 2006

If a Standards Committee decides a complaint or matter should be dealt with by the Disciplinary Tribunal, they must do a few things. They frame a charge and give it to the Disciplinary Tribunal in writing. You get written notice of this decision and a copy of the charge if it is about you. If someone complained about you, they also get written notice and a copy of the charge. If you are a provider under the Legal Services Act 2011, the Standards Committee tells the Secretary for Justice about the decision in writing. The Standards Committee must follow these steps when sending a complaint or matter to the Disciplinary Tribunal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366194.

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153: Hearings on the papers, or

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


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155: Application for suspension of practitioner, or

"Apply to stop a lawyer or conveyancer from working while a complaint is being decided"

Part 7Complaints and discipline
Complaints

154Reference of complaint or matter to Disciplinary Tribunal

  1. If a Standards Committee makes a determination that the complaint or matter be determined by the Disciplinary Tribunal, the Standards Committee must—

  2. frame an appropriate charge and lay it before the Disciplinary Tribunal by submitting it in writing to the chairperson of the Disciplinary Tribunal; and
    1. give written notice of that determination and a copy of the charge to the person to whom the charge relates; and
      1. if the determination relates to a complaint, give both written notice of that determination and a copy of the charge to the complainant.
        1. If the person who is the subject of the complaint or matter is a provider under the Legal Services Act 2011, the Standards Committee must provide a written notice of the determination to the Secretary for Justice.

        Notes
        • Section 154(2): added, on , by section 139 of the Legal Services Act 2011 (2011 No 4).