Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

215: Enforcement of orders for payment of money

You could also call this:

"Getting paid when someone owes you money"

Illustration for Lawyers and Conveyancers Act 2006

If you get an order to pay money, you can enforce it through the court. You can file a copy of the order in the court named in the order. This makes the order enforceable like a final judgment of that court. When the Legal Complaints Review Officer makes an order for you to pay money, the order must say which court you can go to if you need to enforce it. The court is usually the District Court if the amount is $350,000 or less, or the amount specified in section 74 of the District Court Act 2016. If the amount is more, you go to the High Court. You can use the court to get the money you are owed. The court will help you get the money if you have a valid order. You must follow the rules to enforce the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366765.

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Part 7Complaints and discipline
Procedure

215Enforcement of orders for payment of money

  1. For the purpose of enforcing any order of the Legal Complaints Review Officer for the payment of money (whether compensation, the refund of a fee, a fine, or costs or expenses), a duplicate of the order may be filed by the person to whom the money (whether compensation, the refund of a fee, a fine, or costs or expenses) are payable in the office of the court named in the order and thereupon becomes enforceable in all respects as a final judgment of that court in its civil jurisdiction.

  2. In every case where an order for money (whether compensation, the refund of a fee, a fine, or costs or expenses) is made by the Legal Complaints Review Officer, the order must name the court in which the order may, if necessary, be enforced.

  3. The court so named must be—

  4. the District Court, if the amount recoverable does not exceed $350,000 or any higher amount from time to time specified in section 74 of the District Court Act 2016 as the upper limit of the general civil jurisdiction of the District Court; or
    1. in every other case, the High Court.
      Notes
      • Section 215 heading: amended, on , by section 123(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 215(1): amended, on , by section 123(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 215(2): amended, on , by section 123(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 215(3): replaced, on , by section 123(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).