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Lawyers and Conveyancers Act 2006

Complaints and discipline - Appeals

253: Appeal against order or decision of Disciplinary Tribunal

You could also call this:

"Challenging a Disciplinary Tribunal decision in the High Court"

Illustration for Lawyers and Conveyancers Act 2006

You can appeal to the High Court if you do not agree with a decision made by the Disciplinary Tribunal. You might be a practitioner or person affected by the decision, or a Standards Committee, the Legal Complaints Review Officer, or another party involved in the case. If the decision was made about an application under section 248(1), you might also be the applicant, the person the application is about, the New Zealand Law Society, or the New Zealand Society of Conveyancers. You must appeal in a certain way and within a certain time, as set out by the court rules. The High Court will then hear your appeal and can choose to confirm, reverse, or modify the original decision. The court will follow its own rules when hearing the appeal. The High Court has the power to make a new decision about the case. You should check the court rules to find out how to appeal and what to expect. The court's decision will be based on the information presented during the appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367310.

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"The Tribunal can choose how it works, unless the law says otherwise."

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Part 7Complaints and discipline
Appeals

253Appeal against order or decision of Disciplinary Tribunal

  1. Any of the persons specified in subsection (2) may appeal to the High Court against any order or decision made under this Part by the Disciplinary Tribunal.

  2. The persons who may appeal under subsection (1) are—

  3. the practitioner or person to whom the order or decision relates:
    1. a Standards Committee, if the proceedings before the Disciplinary Tribunal were brought by that committee:
      1. the Legal Complaints Review Officer, if the proceedings before the Disciplinary Tribunal were brought by that officer:
        1. in relation to the decision made on an application under section 248(1),—
          1. the applicant:
            1. the person to whom the application relates:
              1. the New Zealand Law Society, if the applicant is a lawyer or an incorporated law firm:
                1. the New Zealand Society of Conveyancers, if the applicant is a conveyancing practitioner or an incorporated conveyancing firm.

                2. Every appeal under subsection (1)—

                3. must be by way of rehearing; and
                  1. must be made within such time and in such form as may be prescribed by rules of court; and
                    1. must be heard in such manner as may be prescribed by rules of court.

                      1. On hearing an appeal under subsection (1), the High Court may confirm, reverse, or modify the order or decision appealed against.

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