Plain language law

New Zealand law explained for everyone

Lawyers and Conveyancers Act 2006

Complaints and discipline - Legal Complaints Review Officer

201: Postponement for consideration of negotiation, conciliation, or mediation

You could also call this:

"Waiting to talk it out: delaying a review to try negotiation or mediation"

Illustration for Lawyers and Conveyancers Act 2006

You can ask the Legal Complaints Review Officer to review a decision. The Officer can delay the review to give you time to talk to the other party. You will both need to try to resolve the issue by negotiating, conciliating, or mediating. The Officer can stop the delay at any time and continue with the review. If the issue is about misconduct, the Officer can still review it even if you are trying to resolve it. If you reach an agreement, the Officer can record the terms and make them part of the final decision. What you say during negotiations, conciliation, or mediation is private. It cannot be used as evidence in court or in front of the Officer. However, if you have other evidence that is not part of the negotiation, it can still be used.

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 It might be out of date or be missing some parts.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=DLM366748.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
Previous

200: Avoidance of unnecessary formality, or

"Keeping things simple when dealing with the Legal Complaints Review Officer"

Next

202: General powers, or

"The Legal Complaints Review Officer has extra powers to do their job."

Part 7Complaints and discipline
Legal Complaints Review Officer

201Postponement for consideration of negotiation, conciliation, or mediation

  1. The Legal Complaints Review Officer may, on receiving an application for review,—

  2. postpone the conduct of that review for such period as he or she considers reasonable; and
    1. direct that, within a time or before a date fixed by the Legal Complaints Review Officer, the parties both—
      1. explore the possibility of resolving, by negotiation, conciliation, or mediation, the matter to which the review relates or any issue involved in that matter; and
        1. report back to the Legal Complaints Review Officer.

        2. A Legal Complaints Review Officer must not postpone the conduct of a review and give a direction under subsection (1) if he or she considers that such a direction—

        3. would not contribute constructively to resolving the matter or issue; or
          1. would not, in all the circumstances, be in the public interest; or
            1. would undermine the urgent nature of the matter or issue.

              1. The Legal Complaints Review Officer may, at any time, end the period of any postponement and proceed with the conduct of the review.

              2. If the matter to which a review relates involves an issue of misconduct or unsatisfactory conduct, the Legal Complaints Review Officer may conduct the review in relation to that issue despite—

              3. any postponement effected or direction given under subsection (1); and
                1. any negotiation, conciliation, or mediation in relation to the matter to which the review relates or any issue involved in that matter; and
                  1. any settlement agreed by the parties to the review.

                    1. If the parties reach an agreed settlement in relation to the matter to which the review relates or any issue involved in that matter, the Legal Complaints Review Officer—

                    2. may record the terms of the settlement; and
                      1. may, by consent of the parties, declare all or some of the terms of the settlement to be all or part of a final determination of the issues involved in the matter to which the review relates.

                        1. No evidence is admissible in any court or before any person acting judicially or before a Standards Committee or before the Legal Complaints Review Officer or before the Disciplinary Tribunal of any information, statement, or admission disclosed or made to any person in the course of any negotiation, conciliation, or mediation conducted, pursuant to a direction given under subsection (1), for the purpose of resolving the matter to which the review relates or any issues involved in that matter.

                        2. Nothing in this section prevents the discovery or affects the admissibility of any evidence (being evidence which is otherwise discoverable or admissible and which existed independently of any negotiation, conciliation, or mediation conducted pursuant to a direction given under subsection (1) for the purpose of resolving a complaint or any issue involved in a complaint) merely because the evidence was presented in the course of the negotiation, conciliation, or mediation.