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Lawyers and Conveyancers Act 2006

Complaints and discipline - Cost recovery

219: Special circumstances levy

You could also call this:

"A special fee to help pay for legal complaints when there's not enough money."

Illustration for Lawyers and Conveyancers Act 2006

You might need to pay a special circumstances levy if the Legal Complaints Review Officer Trust Account does not have enough money. The Minister can impose this levy on the New Zealand Law Society and the New Zealand Society of Conveyancers to cover costs. The Minister decides the rate of the levy after talking to these societies and they must pay it to the Ministry of Justice. You can find more information about how the rate is determined in section 217(4). The Minister tells the society about the levy, the rate, and when it is due by giving them written notice. The society must pay the levy by the due date to the Ministry of Justice. The New Zealand Law Society and the New Zealand Society of Conveyancers are responsible for paying the special circumstances levy imposed on them. They must pay it to the Ministry of Justice as required. This helps ensure the Legal Complaints Review Officer can keep working.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366770.

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Topics:
Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help
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218: Legal Complaints Review Officer Trust Account, or

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

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220: Payment of levies, or

"When to pay levies to help with legal complaints"

Part 7Complaints and discipline
Cost recovery

219Special circumstances levy

  1. If the amount held in the Legal Complaints Review Officer Trust Account is not sufficient to meet the cost to the Crown of the performance of the functions of the Legal Complaints Review Officer, the Minister may, for the purpose of ensuring that the cost is met, impose a special circumstances levy on the New Zealand Law Society and the New Zealand Society of Conveyancers.

  2. The rate of a special circumstances levy is to be determined by the Minister after consultation with the New Zealand Law Society and the New Zealand Society of Conveyancers; and paragraphs (b) and (c) of section 217(4) apply in relation to the determination of that rate.

  3. Each society must pay to the Ministry of Justice each special circumstances levy imposed on that society.

  4. The Minister imposes a special circumstances levy on a society by giving written notice to that society of—

  5. the imposition of the levy; and
    1. the rate of the levy; and
      1. the date by which the levy is required to be paid to the Ministry of Justice.