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Lawyers and Conveyancers Act 2006

Complaints and discipline - Intervention in practice

181: Recovery of expenses of Standards Committee

You could also call this:

"Paying back expenses for the Standards Committee"

Illustration for Lawyers and Conveyancers Act 2006

You can be charged for the expenses of a Standards Committee. The committee's expenses are recoverable from you as a debt. This includes expenses like salaries and overheads. You can be sued for these expenses by the New Zealand Law Society if you are a lawyer. If you are a conveyancing practitioner, the New Zealand Society of Conveyancers can sue you. The expenses must be reasonable and related to the committee's work. The committee's expenses include out-of-pocket expenses and salaries of staff. Overhead expenses are also included if they are properly attributable to the committee's work. These expenses are recoverable under sections 162 to 180.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366724.

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182: Application of money in satisfaction of expenses, or

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Part 7Complaints and discipline
Intervention in practice

181Recovery of expenses of Standards Committee

  1. The reasonable expenses of a Standards Committee in performing or exercising, in respect of a practitioner or former practitioner or an incorporated firm or former incorporated firm or an employee or former employee of a practitioner or an incorporated firm, any of the functions and powers of the Standards Committee under sections 162 to 180 are recoverable from the practitioner or former practitioner or incorporated firm or former incorporated firm as a debt.

  2. If the functions or powers are performed or exercised in respect of a lawyer or former lawyer or an incorporated law firm or former incorporated law firm or an employee or former employee of a lawyer or an incorporated law firm, the reasonable expenses are recoverable at the suit of the New Zealand Law Society.

  3. If the functions or powers are performed or exercised in respect of a conveyancing practitioner or former conveyancing practitioner or an incorporated conveyancing firm or former incorporated conveyancing firm or an employee or former employee of a conveyancing practitioner or an incorporated conveyancing firm, the reasonable expenses are recoverable at the suit of the New Zealand Society of Conveyancers.

  4. In this section, reasonable expenses, in relation to the performance of any function or the exercise of any power, includes not only out-of-pocket expenses but also a reasonable sum in respect of salaries of staff and overhead expenses incurred by the Standards Committee or the New Zealand Law Society or the New Zealand Society of Conveyancers, as the case may be, and properly attributable to the performance of the function or the exercise of the power.

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