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Lawyers and Conveyancers Act 2006

Complaints and discipline - New Zealand Lawyers and Conveyancers Disciplinary Tribunal

232: Deputy chairperson and acting deputy chairperson

You could also call this:

"Who replaces the boss of the Lawyers and Conveyancers Disciplinary Tribunal if they can't work"

Illustration for Lawyers and Conveyancers Act 2006

You can have a deputy chairperson who helps the chairperson of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. If the chairperson cannot do their job because they are sick, away, or another good reason, the deputy chairperson takes over. The deputy chairperson does all the jobs the chairperson would normally do. You are considered the chairperson when you are acting for them. If the deputy chairperson cannot do the job, the Minister can choose someone else to act for them for a while. This person must be qualified to be a deputy chairperson, as stated in section 230(1). When someone is acting for the deputy chairperson, they can do all the jobs of the deputy chairperson. Their actions are valid, even if someone questions whether they should have been acting in that role. The Disciplinary Tribunal's actions are also valid when the deputy chairperson or someone acting for them is in charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366785.

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Crime and justice > Courts and legal help
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231: Responsibilities of chairperson, or

"The chairperson's jobs and duties in the tribunal"

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Part 7Complaints and discipline
New Zealand Lawyers and Conveyancers Disciplinary Tribunal

232Deputy chairperson and acting deputy chairperson

  1. If—

  2. the chairperson becomes incapable of acting as chairperson by reason of illness, absence, or other sufficient cause; or
    1. there is a vacancy in the office of chairperson; or
      1. the chairperson considers it not proper or desirable that he or she adjudicate on any specified matter,—
          1. the deputy chairperson has and may perform or exercise all the functions, duties, and powers of the chairperson.

        1. The deputy chairperson is, while acting for the chairperson, deemed to be the chairperson of the Disciplinary Tribunal.

        2. If, in any case to which subsection (1) applies,—

        3. the deputy chairperson is incapable of acting as chairperson by reason of illness, absence, or other sufficient cause; or
          1. there is a vacancy in the office of deputy chairperson; or
            1. the deputy chairperson considers it not proper or desirable that he or she adjudicate on any specified matter,—
                1. the Minister may appoint a suitable person to act for the deputy chairperson for the period or purpose stated in the appointment.

              1. No person is qualified for appointment under subsection (3) unless that person is qualified under section 230(1) for appointment as the deputy chairperson of the Disciplinary Tribunal.

              2. Any person appointed under subsection (3) to act for the deputy chairperson is, while acting as such, deemed to be the deputy chairperson, and has and may perform or exercise all the functions, duties, and powers of that office for the period or for the purpose stated in the appointment.

              3. No appointment of a person to act for the deputy chairperson and no act done by the deputy chairperson while acting for the chairperson or by a person acting pursuant to an appointment under subsection (3), and no act done by the Disciplinary Tribunal while the deputy chairperson or any such person is so acting may, in any proceedings, be questioned on the ground that the occasion for the deputy chairperson or any such person to so act had not arisen or had ceased.