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Lawyers and Conveyancers Act 2006

Complaints and discipline - Intervention in practice

163: Circumstances justifying intervention

You could also call this:

"When a lawyer does something wrong with someone's money or property"

Illustration for Lawyers and Conveyancers Act 2006

A Standards Committee can take action if you, as a practitioner or former practitioner, have done something wrong with someone else's money or property. This can happen if you have been guilty of theft or improper conduct, or if someone working for you has. The Committee can also act if you are unable to manage your trust account or practice due to a mental or physical condition, or if you have died, been bankrupt, or had your name struck off the roll, as outlined in section 164 or section 169, and as defined in section 305 and Part 13 of the Companies Act 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366706.

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162: Purpose, or

"Protecting people who lose something with special powers"

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164: Intervention in relation to regulated trust accounts, or

"When a lawyer or conveyancer does something wrong, a committee can take control of their clients' money."

Part 7Complaints and discipline
Intervention in practice

163Circumstances justifying intervention

  1. A Standards Committee may exercise any power under section 164 or section 169 if it is satisfied, in respect of any practitioner or former practitioner, that—

  2. there is reasonable cause to believe that the practitioner or former practitioner has been guilty of theft or of any improper conduct in relation to the money or other property of any other person; or
    1. there is reasonable cause to believe that any person who is an agent (within the meaning of section 305) of the practitioner or former practitioner has been guilty of theft or of any improper conduct in relation to any money or other property entrusted to the practitioner or former practitioner or any related person or entity; or
      1. the practitioner is, because of his or her mental or physical condition, unable to properly administer any trust account that the practitioner is required to administer as a regulated trust account; or
        1. the practitioner is, because of his or her mental or physical condition, unable to properly conduct his or her practice; or
          1. the practitioner or former practitioner has died; or
            1. the practitioner or former practitioner has been adjudicated a bankrupt; or
              1. the body corporate by which the practitioner or former practitioner is or was employed is in receivership or liquidation other than for the purpose of amalgamation under Part 13 of the Companies Act 1993; or
                1. the incorporated firm of which the practitioner or former practitioner is or was a director or shareholder is in receivership or liquidation other than for the purpose of amalgamation under Part 13 of the Companies Act 1993; or
                  1. the name of the practitioner or former practitioner has been struck off the roll; or
                    1. the practitioner or former practitioner has been suspended from practice; or
                      1. the practitioner or former practitioner has been ordered by the Disciplinary Tribunal not to practise as a solicitor on his or her own account; or
                        1. the practitioner or former practitioner has ceased to practise and has neglected to wind up any trust account required by this Act or by any rules made under this Act to be kept by the practitioner.

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