Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

245: Interim suspension from practice

You could also call this:

"The law can temporarily stop a lawyer from working if they might harm people or their money."

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If someone makes a complaint about a lawyer, the Disciplinary Tribunal can stop the lawyer from working until the complaint is sorted out. The Tribunal can do this if they think it is necessary to protect the public or someone's financial interests. You can find more information about this in the Lawyers and Conveyancers Act 2006, particularly in section 235(1) and section 236. If the Tribunal stops a lawyer from working, they must tell the Registrar-General of Land about it. The lawyer can ask the Tribunal to change their decision at any time. The Tribunal must consider the lawyer's request within 7 days. The Tribunal can also decide to tell the public about their decision to stop a lawyer from working. They can do this by publishing a notice in certain publications. You can learn more about the Disciplinary Tribunal's powers in section 235(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367300.

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Part 7Complaints and discipline
Procedure

245Interim suspension from practice

  1. If a charge against a practitioner has been made or referred to the Disciplinary Tribunal, it may,—

  2. on the application of the party by whom the charge was laid or of its own motion; and
    1. without any prior notice to the practitioner,—
      1. make an order that the practitioner be suspended from practice as a barrister or as a solicitor or as both, or as a conveyancing practitioner, until the charge has been heard and disposed of.

      2. The Disciplinary Tribunal may make an order under subsection (1) only if it is satisfied that it is necessary or desirable to do so having regard to—

      3. the interests of the public; or
        1. the financial interests of any person.
          1. On the making of an order under subsection (1), or at any time while such an order is in force, the Disciplinary Tribunal may direct that, after the expiration of the period of 14 days beginning with the day on which the order is made, a notice stating the date and effect of the order is to be published in such publications as are specified by the Disciplinary Tribunal.

          2. The practitioner in respect of whom an interim suspension order is made under this section may, at any time, apply to the Disciplinary Tribunal for the revocation of—

          3. the order; or
            1. any direction given under subsection (3); or
              1. both.
                1. An application under subsection (4) must be heard within 7 days after the day on which it is received by the Disciplinary Tribunal, and the Disciplinary Tribunal may grant or refuse the application as it thinks fit.

                2. If an order under subsection (1) is made or revoked by the Disciplinary Tribunal, the Disciplinary Tribunal must forthwith give written notice of the making or revocation of the order to the Registrar-General of Land.

                3. For the purposes of exercising the Disciplinary Tribunal's powers under this section, the quorum at any sitting of the Disciplinary Tribunal or a division of the Disciplinary Tribunal is, despite section 235(1), the 3-member quorum specified in section 235(5).

                4. Nothing in this section or in section 236 requires the Disciplinary Tribunal to give a practitioner an opportunity to appear or be heard before the Disciplinary Tribunal makes an order under subsection (1) or gives a direction under subsection (3).

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                Notes
                • Section 245(7): replaced, on , by section 19 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).