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Lawyers and Conveyancers Act 2006

Complaints and discipline - New Zealand Lawyers and Conveyancers Disciplinary Tribunal

234: Constitution for proceedings

You could also call this:

"Who makes decisions at the Lawyers and Conveyancers Disciplinary Tribunal"

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When you go to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, the people who make decisions are called the Disciplinary Tribunal. The Disciplinary Tribunal has a chairperson and other members. The chairperson is in charge of the Disciplinary Tribunal or a division of it. You need to know that the chairperson can be different depending on who is part of the division. The chairperson can choose other members to be part of the Disciplinary Tribunal. These members must be an even number, at least 4, and half of them must be lay members. Half of the chosen members must have special jobs, which depend on what the proceedings are about. If the proceedings are about a lawyer, half of the members must be chosen under section 228(d). If the proceedings are about a conveyancing practitioner, half of the members must be chosen under section 228(e).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366787.

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

234Constitution for proceedings

  1. For the purposes of proceedings before the Disciplinary Tribunal or a division of the Disciplinary Tribunal, the Disciplinary Tribunal or division consists of—

  2. a chairperson, being,—
    1. in the case of proceedings before the Disciplinary Tribunal, the chairperson of the Disciplinary Tribunal; or
      1. in the case of proceedings before a division of the Disciplinary Tribunal (being a division of which the chairperson of the Disciplinary Tribunal is a member), either the chairperson of the Disciplinary Tribunal or a member of the Disciplinary Tribunal designated by the chairperson of the Disciplinary Tribunal as the chairperson of that division; or
        1. in the case of proceedings before a division of the Disciplinary Tribunal (being a division of which the deputy chairperson of the Disciplinary Tribunal, and not the chairperson of the Disciplinary Tribunal, is a member), either the deputy chairperson of the Disciplinary Tribunal or a member of the Disciplinary Tribunal designated by the chairperson of the Disciplinary Tribunal as the chairperson of that division; and
        2. such other members of the Disciplinary Tribunal as are selected in accordance with this section by the chairperson of the Disciplinary Tribunal.

          1. The number of members of the Disciplinary Tribunal selected under subsection (1)(b) must be an even number that is not less than 4.

          2. Half of the number of members selected under subsection (1)(b) must be lay members.

          3. Half of the number of members selected under subsection (1)(b)—

          4. must, if the proceedings relate to a lawyer or former lawyer or an incorporated law firm or former incorporated law firm or an employee or former employee of a lawyer or an incorporated law firm, be members who hold office under section 228(d); or
            1. must, if the proceedings relate to a conveyancing practitioner or former conveyancing practitioner or an incorporated conveyancing firm or former incorporated conveyancing firm or an employee or former employee of a conveyancing practitioner or incorporated conveyancing firm, be members who hold office under section 228(e).

              1. Repealed
              Notes
              • Section 234(5): repealed, on , by section 27(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).