Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

249: Order for payment of costs

You could also call this:

"Who pays the costs when there's a problem with a lawyer or conveyancer?"

Illustration for Lawyers and Conveyancers Act 2006

You can go to a hearing with the Disciplinary Tribunal. After the hearing, they can decide who pays costs and expenses. The Disciplinary Tribunal can order someone to pay costs to the person involved in the proceedings. This can be paid by the New Zealand Law Society or the New Zealand Society of Conveyancers, depending on who the person is. You might have to pay costs even if you are not found guilty. The Disciplinary Tribunal can order you to pay expenses to the New Zealand Law Society or the New Zealand Society of Conveyancers. Expenses include things like salaries of staff and overhead expenses. The Disciplinary Tribunal makes these decisions based on what they think is fair. They can look at the Law Practitioners Act 1982 for guidance. The Disciplinary Tribunal's decision is final.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367304.

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"Getting permission to hire a lawyer or conveyancer who has been in trouble"


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249A: Practice notes, or

"Guides for the Disciplinary Tribunal"

Part 7Complaints and discipline
Procedure

249Order for payment of costs

  1. The Disciplinary Tribunal may, after the hearing of any proceedings, make such order as to the payment of costs and expenses as it thinks fit.

  2. In particular, the Disciplinary Tribunal may order that costs be awarded to any person to whom the proceedings relate, and that those costs be paid—

  3. by the New Zealand Law Society (if that person is a lawyer or a former lawyer or an incorporated law firm or former incorporated law firm or an employee or former employee of a lawyer or incorporated law firm); or
    1. by the New Zealand Society of Conveyancers (if that person is a conveyancing practitioner or a former conveyancing practitioner or an incorporated conveyancing firm or former incorporated conveyancing firm or an employee or former employee of a conveyancing practitioner or incorporated conveyancing firm).
      1. In particular, without finding the person charged to be guilty, the Disciplinary Tribunal may, if it considers that the proceedings were justified and that it is just to do so, order that person to pay to the New Zealand Law Society or the New Zealand Society of Conveyancers such sums as the Disciplinary Tribunal thinks fit in respect of the expenses of and incidental to the proceedings and any investigation of that person's conduct or of that person's affairs or trust account carried out by, or on behalf of, a Standards Committee or the Legal Complaints Review Officer.

      2. In this section, expenses includes not only out-of-pocket expenses but also such amounts in respect of salaries of staff and overhead expenses incurred by either the New Zealand Law Society or the New Zealand Society of Conveyancers as the Disciplinary Tribunal considers properly attributable to an investigation.

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