Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

238: Hearings to be in public

You could also call this:

"Most court hearings are open to the public."

Illustration for Lawyers and Conveyancers Act 2006

You usually hear about the Disciplinary Tribunal's hearings in public. The Tribunal can hold a hearing in private if it thinks that is the right thing to do. This might happen if someone's privacy needs to be protected or if it is in the public interest. You can find more information about when the Tribunal can hold private hearings in section 240. The Tribunal makes its decisions in private. It can also discuss questions that come up during a hearing in private. The Tribunal balances the need for public hearings with the need to protect people's privacy and the public interest.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366792.

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237: Representation before Disciplinary Tribunal, or

"Speaking for yourself or having a lawyer at a Disciplinary Tribunal hearing"


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238A: Hearing on papers, or

"The Tribunal decides a case using just the documents, after asking for your thoughts."

Part 7Complaints and discipline
Procedure

238Hearings to be in public

  1. Except as provided in subsections (2) and (3) and section 240, every hearing of the Disciplinary Tribunal must be held in public.

  2. If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may hold a hearing or part of a hearing in private.

  3. The Disciplinary Tribunal may, in any case, deliberate in private as to its decision or as to any question arising in the course of a hearing.

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