Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

161: Stay of proceedings for recovery of costs

You could also call this:

"Waiting for a complaint about lawyer's costs to be sorted out before going to court"

Illustration for Lawyers and Conveyancers Act 2006

You get a bill from a lawyer or a firm. If you complain about the cost, the lawyer or firm cannot take you to court to get the money until your complaint is sorted out. When the complaint is sorted out, the Standards Committee will say how much money is owed. This decision is final and you cannot appeal it. You can only take the case to court once the complaint is fully dealt with, which means the Standards Committee has made a decision and you have not asked for a review, or the review has been done and the outcome reported to you and the lawyer or firm.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366703.

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160: Complaints by beneficiaries in relation to costs, or

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


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162: Purpose, or

"Protecting people who lose something with special powers"

Part 7Complaints and discipline
Complaints

161Stay of proceedings for recovery of costs

  1. If, under section 141, a Standards Committee gives notice to a practitioner or former practitioner or an incorporated firm or former incorporated firm that it has received a complaint under section 132(2) about the amount of a bill of costs rendered by that practitioner or former practitioner or incorporated firm or former incorporated firm, no proceedings for the recovery of the amount of the bill may be commenced or proceeded with until after the complaint has been finally disposed of.

  2. Where a Standards Committee makes a final determination on a complaint made under section 132(2), it must certify the amount that is found by it to be due to or from the practitioner or former practitioner or incorporated firm or former incorporated firm in respect of the bill and under the determination.

  3. The certificate of the Standards Committee or, as the case may be, the decision of the Legal Complaints Review Officer on a review of the determination is final and conclusive as to the amount due.

  4. For the purposes of this section, a complaint is finally disposed of—

  5. if—
    1. the Standards Committee has made a final determination on the complaint or has, under section 138, decided to take no action, or, as the case may require, no further action on the complaint; and
      1. the complainant has not, within the time allowed, applied to the Legal Complaints Review Officer for a review of the determination or decision; or
      2. if the Legal Complaints Review Officer has conducted a review of the determination or decision made by the Standards Committee on the complaint and has reported the outcome of the review to—
        1. the complainant; and
          1. the practitioner or former practitioner or incorporated firm or former incorporated firm; and
            1. the Standards Committee.
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