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Lawyers and Conveyancers Act 2006

Complaints and discipline - Cost recovery

218: Legal Complaints Review Officer Trust Account

You could also call this:

"A special bank account to hold money for handling legal complaints"

Illustration for Lawyers and Conveyancers Act 2006

You pay money to the Ministry of Justice as a levy under section 217 or section 219. This money is held in trust to cover the costs of the Legal Complaints Review Officer. The Ministry of Justice must put this money into a special bank account called the Legal Complaints Review Officer Trust Account. You can find more information about how this account is managed under section 66 of the Public Finance Act 1989 and section 67(1) of the Public Finance Act 1989. The Ministry of Justice looks after this account and puts the trust money into it. The Ministry can use some of this money to reimburse itself for costs, and it can also invest some of the money in the account, as outlined in section 68 of the Public Finance Act 1989. The rules about the account and the money in it are covered by Part 7 of the Public Finance Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366769.

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Part 7Complaints and discipline
Cost recovery

218Legal Complaints Review Officer Trust Account

  1. Money paid to the Ministry of Justice by way of levy under section 217 or section 219 is money paid to the Crown in trust for the purpose of meeting the cost to the Crown of the performance of the functions of the Legal Complaints Review Officer and is to be treated as trust money to which section 66 of the Public Finance Act 1989 applies.

  2. The Ministry of Justice must establish under section 67(1) of the Public Finance Act 1989 a bank account to be known as the Legal Complaints Review Officer Trust Account.

  3. The Legal Complaints Review Officer Trust Account is to be operated and maintained by the Ministry of Justice.

  4. The trust money referred to in subsection (1) must be lodged in the Legal Complaints Review Officer Trust Account.

  5. The Ministry of Justice must from time to time pay into a Departmental Bank Account operated by that Ministry such sums as are required to reimburse that Ministry for the costs incurred by that Ministry, with the approval of the Minister, in meeting the cost to the Crown of the performance of the functions of the Legal Complaints Review Officer.

  6. The sums paid by way of reimbursement under subsection (5) must be paid from the Legal Complaints Review Officer Trust Account.

  7. The Ministry of Justice may from time to time invest, in accordance with section 68 of the Public Finance Act 1989, any money held in the Legal Complaints Review Officer Trust Account.

  8. Subject to the provisions of this Act, Part 7 of the Public Finance Act 1989 applies in relation to both the Legal Complaints Review Officer Trust Account and the trust money held in that account.