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Lawyers and Conveyancers Act 2006

Complaints and discipline - Intervention in practice

166: Claims in respect of money paid to Standards Committee

You could also call this:

"Getting money back from a Standards Committee"

Illustration for Lawyers and Conveyancers Act 2006

You can apply to the court if you think you have been affected by money paid to a Standards Committee. You might be able to get the money back if the court agrees. The court can make any order it thinks is fair. You can do this if money was paid from a deceased practitioner's account and you are the executor or administrator. You can also do this if you think you should get a grant of probate or letters of administration for the deceased practitioner's estate. The court will listen to your application and make a decision. The court has the power to make any order it thinks fit when hearing your application. This means the court can decide what happens to the money. You can find more information by looking at section 82(5) of the 1982 Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366709.

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Money and consumer rights > TaxesCrime and justice > Courts and legal help
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165: Administration of funds obtained from regulated trust accounts, or

"Looking after money from trust accounts"

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167: Power of Standards Committee to repay money, or

"Getting your money back from a Standards Committee or society"

Part 7Complaints and discipline
Intervention in practice

166Claims in respect of money paid to Standards Committee

  1. Where, under section 164(2), any money is paid to a Standards Committee or the New Zealand Law Society or the New Zealand Society of Conveyancers,—

  2. any person claiming to be adversely affected by the payment; and
    1. if the money was paid from the regulated account of a deceased practitioner, the executor or administrator of the deceased practitioner or any person claiming to be entitled to a grant of probate or letters of administration of the estate of the deceased practitioner,—
        1. may at any time apply to the court for an order directing the Standards Committee or the New Zealand Law Society or the New Zealand Society of Conveyancers to repay the money into the bank account from which it was paid or for such order as the court thinks fit.

      1. The court, on hearing an application under subsection (1), may make such order as it thinks fit.

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