Plain language law

New Zealand law explained for everyone

Lawyers and Conveyancers Act 2006

Complaints and discipline - Intervention in practice

182: Application of money in satisfaction of expenses

You could also call this:

"Using a lawyer's or conveyancer's money to pay expenses"

Illustration for Lawyers and Conveyancers Act 2006

If you are a lawyer or conveyancer, a Standards Committee can use your money to pay for expenses. The committee must follow the rules in section 181 to get the money from you. You will get a notice with details of the expenses before the committee uses your money. The notice will be served on you or your firm. You can be given the notice in person or by post. If you are a company, the notice will be served according to the Companies Act 1993, as stated in section 387(1) of the Companies Act 1993. You have 14 days to ask the High Court to review the expenses after you get the notice. The High Court can then make a decision about the expenses. You can also look at section 181 for more information about the expenses.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366726.

This page was last updated on — View changes

Topics:
Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help
Previous

181: Recovery of expenses of Standards Committee, or

"Paying back expenses for the Standards Committee"

Next

183: Power to appoint committees, or

"Setting up smaller groups to help with law work"

Part 7Complaints and discipline
Intervention in practice

182Application of money in satisfaction of expenses

  1. Subject to this section, a Standards Committee may apply any money belonging to a practitioner or former practitioner or an incorporated firm or former incorporated firm or to which he or she or it may be entitled, being money that comes into the possession of the Standards Committee, in or towards satisfaction of any reasonable expenses that are recoverable under section 181 from the practitioner or former practitioner or incorporated firm or former incorporated firm; but nothing in this subsection affects any other remedy available to the Standards Committee or the New Zealand Law Society or the New Zealand Society of Conveyancers.

  2. No money may be applied under subsection (1) until a notice giving particulars of the expenses claimed has been served on—

  3. the practitioner or former practitioner or his or her personal representatives; or
    1. the incorporated firm or former incorporated firm.

      1. The notice may be served on a practitioner or former practitioner or his or her representative by—

      2. delivering it personally to the practitioner or former practitioner or, if he or she refuses to accept it, bringing it to his or her attention; or
        1. delivering it to any of those persons at his or her usual place of residence or business by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the person named in the notice.

          1. A notice under subsection (2)(b) may be served on the incorporated firm or former incorporated firm in accordance with section 387(1) of the Companies Act 1993.

          2. Within 14 days after a notice has been served or posted in accordance with subsection (3) or subsection (4), the practitioner or former practitioner or his or her personal representatives or the incorporated firm or former incorporated firm may apply to the High Court for a review of the expenses claimed; and on hearing any such application the High Court may make such order as it thinks fit.

          Compare
          Notes
          • Section 182(3): replaced, on , by section 117 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).