Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

239: Evidence

You could also call this:

"What is evidence in a Disciplinary Tribunal hearing?"

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When you are at a hearing with the Disciplinary Tribunal, they can use any information that helps them make a decision. They can use statements, documents, or other information, even if it would not be allowed in a court. The Disciplinary Tribunal can also ask people to swear an oath to tell the truth. You can give evidence in person or by writing a statement and swearing it is true. The Disciplinary Tribunal follows the same rules as a court when it comes to evidence, as set out in the Evidence Act 2006. This means they have to consider what evidence is allowed and what is not. If you lie under oath at a Disciplinary Tribunal hearing, it is considered a serious offence under the Crimes Act 1961. The hearing is like a court case, so you have to tell the truth. The Disciplinary Tribunal wants to make sure they have all the facts to make a fair decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366793.

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Part 7Complaints and discipline
Procedure

239Evidence

  1. Subject to section 236, the Disciplinary Tribunal may receive as evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matters before it, whether or not that statement, document, information, or matter would be admissible in a court of law.

  2. The Disciplinary Tribunal may take evidence on oath, and, for that purpose, any member of the Disciplinary Tribunal may administer an oath.

  3. The Disciplinary Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath.

  4. Subject to subsections (1) to (3), the Evidence Act 2006 applies to the Disciplinary Tribunal in the same manner as if the Disciplinary Tribunal were a court within the meaning of that Act.

  5. A hearing before the Disciplinary Tribunal is a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).

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Notes
  • Section 239(4): amended, on , by section 216 of the Evidence Act 2006 (2006 No 69).