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Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

246: Restoration of name to roll or register

You could also call this:

"Getting your name back on the lawyers' or conveyancers' list"

Illustration for Lawyers and Conveyancers Act 2006

You can apply to have your name put back on the roll if it was removed under the Lawyers and Conveyancers Act 2006. You can also apply if your name was removed under the Law Practitioners Act 1982 or the Law Practitioners Act 1955. The Disciplinary Tribunal will decide if you can have your name restored. You can apply to have your name put back on the register if your registration as a conveyancer was cancelled. The Disciplinary Tribunal will hear your application and decide if you are a fit and proper person to practise. They may order your name to be restored to the roll or register. The Disciplinary Tribunal can impose conditions on their order, such as not practising on your own until they authorise you to do so. You can only make an application under certain sections, including section 60 or this section. The Disciplinary Tribunal's decision to restore your name is not limited by any conditions they impose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367301.

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Part 7Complaints and discipline
Procedure

246Restoration of name to roll or register

  1. Any person whose name has been struck off the roll under this Act or, before the commencement of this Act, under the Law Practitioners Act 1982 or the Law Practitioners Act 1955 may, in accordance with rules made under this Act, apply to the Disciplinary Tribunal for the restoration of his or her name to the roll.

  2. Any person whose registration as a conveyancer has been cancelled under this Act may, in accordance with rules made under this Act, apply to the Disciplinary Tribunal for the restoration of his or her name to the register.

  3. On hearing an application under subsection (1) or subsection (2), the Disciplinary Tribunal, if satisfied that the applicant is a fit and proper person to practise as a barrister or as a solicitor or as both, or as a conveyancing practitioner, may order that the applicant's name be restored to the roll or register, as the case may require.

  4. An order under subsection (3) may impose the condition that the applicant must not practise as a solicitor or as a conveyancing practitioner on his or her own account, whether in partnership or otherwise, until authorised by the Disciplinary Tribunal to do so.

  5. Subsection (4) does not limit subsection (3).

  6. No application by a person for the restoration of his or her name to the roll or to the register of conveyancers may be made except under section 60 or under this section.

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