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Lawyers and Conveyancers Act 2006

Complaints and discipline - Miscellaneous provisions

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

You could also call this:

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

Illustration for Lawyers and Conveyancers Act 2006

If the Disciplinary Tribunal makes a decision about a lawyer or conveyancer, you will see it in the Gazette. The Gazette is like a newspaper that publishes official notices. The chairperson of the Disciplinary Tribunal must publish the notice as soon as possible. If someone appeals the decision, the chairperson must publish another notice when the appeal is finished. This notice will say what the final decision is. You can find the notices in the Gazette. The cost of publishing the notice is paid by the New Zealand Law Society or the New Zealand Society of Conveyancers. They pay for the notices that relate to their members.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367314.

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

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Part 7Complaints and discipline
Miscellaneous provisions

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

  1. Where—

  2. the Disciplinary Tribunal makes—
    1. an order under section 242(1)(c) striking the name of a lawyer or former lawyer from 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 242(1)(h)(ii) or (iii) in respect of an employee or former employee of a practitioner or an incorporated firm; and
          2. no appeal to the High Court is commenced against the order within the time allowed for appeal,—
              1. the chairperson of the Disciplinary Tribunal must, forthwith after the expiry of that time, publish in the Gazette a notice stating the date and the effect of the order.

            1. Where—

            2. an appeal to the High Court against an order of the kind described in subsection (1) results—
              1. in the name of a lawyer or former lawyer being ordered to be struck off the roll; or
                1. in the registration of a person as a conveyancer being ordered to be cancelled; or
                  1. in the name of a practitioner or former practitioner being ordered to be restored to the roll or the register of conveyancers; or
                    1. in a practitioner or former practitioner being suspended from practice; or
                      1. in an employee or former employee of a practitioner or an incorporated firm being made subject to an order of the kind described in section 242(1)(h)(ii) or (iii); and
                      2. no appeal to the Court of Appeal is commenced against the determination of the High Court within the time allowed,—
                          1. the chairperson of the Disciplinary Tribunal must forthwith cause a notice stating the date and effect of the determination to be published in the Gazette.

                        1. Where an appeal to the Court of Appeal against any determination of the High Court on an appeal under section 254 results—

                        2. in the name of a lawyer or former lawyer being ordered to be struck off or restored to the roll; or
                          1. in the registration of a person as a conveyancer being ordered to be cancelled; or
                            1. in the name of a person being ordered to be restored to the register of conveyancers; or
                              1. in a practitioner or former practitioner being suspended from practice; or
                                1. in an employee or former employee of a practitioner or an incorporated firm being made subject to an order of the kind described in section 242(1)(h)(ii) or (iii),—
                                    1. the chairperson of the Disciplinary Tribunal must forthwith cause a notice stating the date and effect of the determination to be published in the Gazette.

                                  1. The expenses incurred in publishing a notice under this section must,—

                                  2. if the notice relates to a lawyer or an employee or a former employee of a lawyer or an incorporated law firm, be paid by the New Zealand Law Society; or
                                    1. if the notice relates to a conveyancing practitioner or an employee or former employee of a conveyancing practitioner or an incorporated conveyancing firm, be paid by the New Zealand Society of Conveyancers.

                                      Compare
                                      Notes
                                      • Section 256(1)(a)(i): amended, on , by section 21(1) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
                                      • Section 256(1)(a)(iii): amended, on , by section 21(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
                                      • Section 256(2)(a)(i): amended, on , by section 21(3) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
                                      • Section 256(2)(a)(iii): amended, on , by section 21(4) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
                                      • Section 256(2)(a)(iv): amended, on , by section 21(4) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
                                      • Section 256(3)(a): amended, on , by section 21(5) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
                                      • Section 256(3)(d): amended, on , by section 21(6) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).