248Consent to employ

1. A practitioner or an incorporated firm may apply to the Disciplinary Tribunal for its consent to the employment by the practitioner or incorporated firm of a person who—

2. is under suspension from practice as a barrister or as a barrister and solicitor or as a conveyancing practitioner; or
3. has had his or her name struck off the roll otherwise than at his or her own request; or
4. has had his or her registration as a conveyancing practitioner cancelled by an order made under this Act; or
5. is disqualified, by an order made under section 242(1)(h), from employment in connection with a practitioner's or incorporated firm's practice.

6. The applicant must,—

7. if a lawyer or an incorporated law firm, serve notice of the application on the New Zealand Law Society (which is to be entitled to appear and be heard on the application); or
8. if a conveyancing practitioner or an incorporated conveyancing firm, serve notice of the application on the New Zealand Society of Conveyancers (which is to be entitled to appear and be heard on the application).

9. If the Disciplinary Tribunal is satisfied, on the application of a practitioner or an incorporated firm, that there is good reason why the person to whom the application relates should be employed, the Disciplinary Tribunal may, in its discretion, after taking into consideration the matters specified in subsection (4) and such other matters as it considers relevant, grant or refuse its consent to the employment of that person by that practitioner or incorporated firm.

10. The matters that the Disciplinary Tribunal must consider in relation to the proposed employment of the person to whom the application relates are as follows:

11. the need to protect both the public and the standing of the profession:
12. the seriousness of the proved offending of that person:
13. any matter relevant to the honesty of that person:
14. the work on which that person will be employed and the extent to which, and the manner in which, the carrying out of that work by that person will be supervised:
15. the previous record, in relation to disciplinary matters, of that person:
16. the relevance of the nature of the penalty imposed on that person by way of suspension, striking off, cancellation of registration, or disqualification.

17. Despite subsections (3) and (4), the Disciplinary Tribunal may take into account, but to a minor degree, the personal circumstances of the person to whom the application relates.

18. Consideration of the personal circumstances of the person to whom the application relates must always be subordinated to the need to protect both the public and the standing of the profession.

19. If the Disciplinary Tribunal grants its consent, it may do so on such terms and conditions as it thinks fit.