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Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

212: Laying of charge with Disciplinary Tribunal

You could also call this:

"What happens when you complain about a lawyer or conveyancer"

Illustration for Lawyers and Conveyancers Act 2006

You can complain about a lawyer or conveyancer. The Legal Complaints Review Officer looks at your complaint. They decide if it should go to the Disciplinary Tribunal. If it does, the Officer can frame a charge and take it to the Tribunal. Or they can tell a Standards Committee to lay a charge under section 154. The Officer can ask the Tribunal to suspend the practitioner while the charge is being decided. This means the practitioner cannot work as a barrister, solicitor, barrister and solicitor, or conveyancing practitioner. The Officer must give the practitioner a chance to be heard before deciding to take the complaint to the Tribunal. If the complaint is about a provider under the Legal Services Act 2011, the Officer must tell the Secretary for Justice about the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366762.

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Part 7Complaints and discipline
Procedure

212Laying of charge with Disciplinary Tribunal

  1. The Legal Complaints Review Officer, if he or she decides that any complaint or matter should be considered by the Disciplinary Tribunal, must either—

  2. frame an appropriate charge and lay it before the Disciplinary Tribunal; or
    1. direct a Standards Committee to lay, under section 154, a specified charge before the Disciplinary Tribunal.

      1. If the Legal Complaints Review Officer lays before the Disciplinary Tribunal a charge against a practitioner, the Legal Complaints Review Officer may apply to the Disciplinary Tribunal for an order that, pending the determination of the charge, the practitioner be suspended from practice—

      2. as a barrister; or
        1. as a solicitor; or
          1. as a barrister and solicitor; or
            1. as a conveyancing practitioner.

              1. If the Legal Complaints Review Officer directs that a specified charge against a practitioner be laid, under section 154, by a Standards Committee, the Legal Complaints Review Officer may, at the same time, direct the Standards Committee to apply to the Disciplinary Tribunal under section 155 for an order that, pending the determination of the charge, the practitioner be suspended from practice—

              2. as a barrister; or
                1. as a solicitor; or
                  1. as a barrister and solicitor; or
                    1. as a conveyancing practitioner.

                      1. The Legal Complaints Review Officer may not, under section 211, decide that a complaint or matter should be considered by the Disciplinary Tribunal unless he or she has given the person who would be the subject of the charge laid before the Disciplinary Tribunal a reasonable opportunity to be heard.

                      2. If the Legal Complaints Review Officer decides to lay, or directs a Standards Committee to lay, a charge against a person who is a provider under the Legal Services Act 2011, the Legal Complaints Review Officer must give written notice of the decision to the Secretary for Justice.

                      Notes
                      • Section 212(5): added, on , by section 141 of the Legal Services Act 2011 (2011 No 4).