Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

160: Complaints by beneficiaries in relation to costs

You could also call this:

"Complaining about a lawyer's bill as someone who benefits from a property"

Illustration for Lawyers and Conveyancers Act 2006

You can complain about the cost of a lawyer's bill if you are affected by it. You do this under section 132(2). A committee can then decide what happens to the money. If you pay the bill, you have the right to get your money back from the person in charge of the property. This is the same right the lawyer had to get paid. The committee can order the lawyer to pay the money back to the person in charge of the property. The person in charge of the property can also complain about the cost of the bill under section 132(2). This does not change their right to complain. You can still complain even if the person in charge of the property is already complaining.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366702.

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"Telling the Registrar-General of Land about certain decisions"


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161: Stay of proceedings for recovery of costs, or

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Part 7Complaints and discipline
Complaints

160Complaints by beneficiaries in relation to costs

  1. If a trustee, executor, or administrator has become chargeable with a bill of costs, any person interested in any property out of which a trustee, executor, or administrator has paid or is entitled to pay the bill may, under section 132(2), complain about the amount of the bill.

  2. If a Standards Committee, on a complaint made pursuant to subsection (1), orders that any money be paid by a practitioner or former practitioner or an incorporated firm or former incorporated firm, it may, if it thinks fit, order that the money or any part of it be paid to the trustee, executor, or administrator chargeable with the bill, instead of to the complainant.

  3. If the complainant pays any money to the practitioner or former practitioner or incorporated firm or former incorporated firm in respect of the bill, the complainant has the same right to be paid by the trustee, executor, or administrator chargeable with the bill as the practitioner or former practitioner or incorporated firm or former incorporated firm had.

  4. This section does not limit the right of a trustee, executor, or administrator to complain under section 132(2) about the amount of a bill of costs with which the trustee, executor, or administrator has become chargeable.

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