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Lawyers and Conveyancers Act 2006

Complaints and discipline - General provisions in relation to Standards Committees

188: Disclosure of information

You could also call this:

"Keeping secrets: when you can share private information about lawyers and conveyancers"

Illustration for Lawyers and Conveyancers Act 2006

You must keep information secret if you are part of a Standards Committee or help them. This includes people who used to be part of a Standards Committee or helped them in the past. You can only share this information for certain reasons, like during an inquiry or investigation. You can share information when making a report to a Standards Committee. You can also share it if a Standards Committee tells you to make it public under section 142(2). Information can be shared as evidence in certain proceedings, like those before a Standards Committee or the Legal Complaints Review Officer. You can share information with a Police employee or the Serious Fraud Office if they need it to do their job. You can also share it with someone who is checking the accounts of lawyers or conveyancing practitioners, if they need it to do their job under section 109. Information can be shared with the Registrar-General of Land so they can do their job under the Land Transfer Act 2017. It can also be shared as evidence in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366734.

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Part 7Complaints and discipline
General provisions in relation to Standards Committees

188Disclosure of information

  1. This section applies to—

  2. any person, being a Standards Committee or a person who holds, or has held, office as a member of a Standards Committee:
    1. any person to whom any of the functions and powers of a Standards Committee are, or have been, delegated under this Act:
      1. any person who holds, or has held, office as an investigator:
        1. any person, being a person or body that is employed or has been employed under section 147(2)(c):
          1. any person, being an employee or former employee or officer or former officer of a person or body that is employed or has been employed under section 147(2)(c).

            1. No person to whom this section applies may communicate any matter that came to the knowledge of that person or the employer of that person in the course of the exercise by that person, or the employer of that person, of powers conferred by this Act on that person, or the employer of that person, in relation to any complaint made, or inquiry or investigation conducted, under this Act except—

            2. for the purposes of the inquiry or investigation; or
              1. in the course of any report to a Standards Committee; or
                1. in accordance with a direction for publication given under section 142(2) by a Standards Committee; or
                  1. in evidence in any proceedings before—
                    1. a Standards Committee; or
                      1. the Legal Complaints Review Officer; or
                        1. the Disciplinary Tribunal; or
                          1. the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants or a disciplinary tribunal, committee, or other body of any other accredited body (within the meaning of section 6(1) of the Auditor Regulation Act 2011); or
                          2. to a Police employee or member of the Serious Fraud Office acting in the performance of his or her duty; or
                            1. to any person who—
                              1. holds office under section 109 as a person appointed to examine the accounts of lawyers or firms of lawyers or incorporated law firms or as a person appointed to examine the accounts of conveyancing practitioners or firms of conveyancing practitioners or incorporated conveyancing firms; and
                                1. is acting in the performance of his or her duty under section 109; or
                                2. to the Registrar-General of Land for the purpose of enabling the Registrar-General of Land to discharge his or her duties under the Land Transfer Act 2017 or any other enactment; or
                                  1. in evidence in any court.

                                    Compare
                                    Notes
                                    • Section 188(2)(d)(iv): amended, on , by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).
                                    • Section 188(2)(d)(iv): amended, on , by section 10 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).
                                    • Section 188(2)(e): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
                                    • Section 188(2)(g): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).