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Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

206: Proceedings of Legal Complaints Review Officer

You could also call this:

"How the Legal Complaints Review Officer handles complaints about lawyers"

Illustration for Lawyers and Conveyancers Act 2006

When you make a complaint about a lawyer, the Legal Complaints Review Officer will look at it. They must do this in private. The Legal Complaints Review Officer can look at your complaint just by reading the papers if they think that is enough. They can also have a hearing over the phone or by video link if they want to. The Legal Complaints Review Officer must be fair when making decisions. If you do not do what the Legal Complaints Review Officer asks, they can still make a decision. They can also decide how they want to do things, as long as it is fair. The Legal Complaints Review Officer can tell people about their decisions if they think it is a good idea. They can also make their own rules about how they do things. The Ministry of Justice can help the Legal Complaints Review Officer by approving forms for them to use.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366755.

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Crime and justice > Courts and legal help
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205: Legal Complaints Review Officer may strike out, determine, or adjourn application for review, or

"The Legal Complaints Review Officer can stop or delay your complaint review if it's not valid."

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"Asking to keep some information secret in a court case"

Part 7Complaints and discipline
Procedure

206Proceedings of Legal Complaints Review Officer

  1. Every review conducted by the Legal Complaints Review Officer under this Act must be conducted in private.

  2. Despite anything in this Act to the contrary, if it appears to the Legal Complaints Review Officer that a review can be adequately determined on the papers, he or she may, without the consent of the parties, do so on the basis of the information available, including any information obtained under section 204(b).

  3. Before doing so, he or she must give the parties a reasonable opportunity to comment on whether the review should be dealt with in that manner.

  4. The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Legal Complaints Review Officer considers it appropriate and the necessary facilities are available.

  5. Subject to subsection (2) and to sections 205, 207, and 208, the Legal Complaints Review Officer must perform his or her functions and duties and exercise his or her powers in a way that is consistent with the rules of natural justice.

  6. The Legal Complaints Review Officer’s powers to determine a review are not affected by the failure of any party to—

  7. make a submission or comment within the time allowed; or
    1. give specified information within the time allowed; or
      1. attend, or participate in, a hearing called by the Legal Complaints Review Officer; or
        1. do any other thing the Legal Complaints Review Officer asks for or directs.

          1. If any failure of the kind referred to in subsection (3A) occurs in review proceedings, the Legal Complaints Review Officer may—

          2. draw from the failure any reasonable inferences he or she thinks fit; and
            1. determine the review concerned on the basis of the information available to him or her or strike out the application for review under section 205; and
              1. give any weight he or she thinks fit to information—
                1. that he or she asked for, or directed to be provided; but
                  1. that was provided later than requested or directed.

                  2. The Legal Complaints Review Officer may, subject to subsection (3) and section 206A, direct such publication of his or her decisions as he or she considers necessary or desirable in the public interest.

                  3. Subject to this Act, any rules made under this Act, and any practice notes issued under section 215A, the Legal Complaints Review Officer may regulate his or her procedure in such manner as he or she thinks fit.

                  4. Forms for use by the Legal Complaints Review Officer may be approved by the chief executive of the Ministry of Justice after consulting the Legal Complaints Review Officer.

                  Compare
                  Notes
                  • Section 206(2): replaced, on , by section 121(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(2A): inserted, on , by section 121(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(2B): inserted, on , by section 121(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(3A): inserted, on , by section 121(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(3B): inserted, on , by section 121(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(4): amended, on , by section 121(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(5): amended, on , by section 121(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                  • Section 206(6): inserted, on , by section 121(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).