Lawyers and Conveyancers Act 2006

Complaints and discipline - Appeals

255: Order for striking off, cancellation of registration, restoration, or suspension to be filed in High Court

You could also call this:

"What happens when a lawyer or conveyancer is in trouble with the law"

Illustration for Lawyers and Conveyancers Act 2006

When the Disciplinary Tribunal makes a decision about a lawyer or conveyancer, the chairperson must file the order in the High Court. You can think of the High Court like a very important court that deals with big decisions. The order will be treated like it was made by the High Court. If the order is about striking a lawyer off the roll or cancelling a conveyancer's registration, it will only take effect after any appeals are finished. In the meantime, the lawyer or conveyancer will be suspended from practice. The order will be available for anyone to see at the High Court during office hours. If the person affected by the order provides legal services, the chairperson must give a copy of the order to the Secretary for Justice, who is a very important person in the government. This is so they know what is happening with the legal services provider. The Secretary for Justice is in charge of making sure legal services are provided fairly and correctly, as outlined in the Legal Services Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367312.

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"Appealing to a higher court if you think the High Court got the law wrong"


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256: Notice of order for striking off, cancellation of registration, restoration, or suspension to be published in Gazette, or

"Notices about lawyers and conveyancers in trouble are published in the Gazette."

Part 7Complaints and discipline
Appeals

255Order for striking off, cancellation of registration, restoration, or suspension to be filed in High Court

  1. Where the Disciplinary Tribunal makes—

  2. an order under section 242(1)(c) striking the name of a lawyer or former lawyer off the roll; or
    1. an order under section 242(1)(d) cancelling the registration of a person as a conveyancer; or
      1. an order under section 242(1)(e) or (f) suspending a practitioner or former practitioner from practice; or
        1. an order under section 246(3) that the name of any person be restored to the roll or register,—
          1. the chairperson of the Disciplinary Tribunal must ensure that the order is filed in the office of the High Court at Wellington.

          2. Subject to subsection (3), on the filing of the order it takes effect as if it were an order of the High Court to the like effect made within the jurisdiction of the High Court.

          3. If the order filed is an order made under section 242(1)(c) or (d), that order must, until the expiry of the time allowed for appeal under section 253, or, if an appeal is commenced, until the determination of the appeal, take effect only as an order that the practitioner or former practitioner be suspended from practice as a barrister or as a barrister and solicitor or as a conveyancing practitioner, as the case may require.

          4. An order filed in the High Court under this section may be inspected by any person during office hours without payment of any fee.

          5. If the person who is the subject of the order is a provider under the Legal Services Act 2011, the chairperson of the Disciplinary Tribunal must give a copy of the order to the Secretary for Justice.

          Compare
          Notes
          • Section 255(1)(a): amended, on , by section 20(1) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
          • Section 255(1)(c): amended, on , by section 20(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
          • Section 255(3): amended, on , by section 20(3) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
          • Section 255(5): added, on , by section 143 of the Legal Services Act 2011 (2011 No 4).