Lawyers and Conveyancers Act 2006

Complaints and discipline - Miscellaneous provisions

257: Reimbursement of costs of hearing

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"Paying for the costs of a Disciplinary Tribunal hearing"

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When the Disciplinary Tribunal hears a charge against you, someone has to pay for the costs of the hearing. If you are a lawyer or work for a lawyer, the New Zealand Law Society must pay the costs. The costs include things like expenses for the hearing and money for the people running the tribunal, as stated in clause 4 of Schedule 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367315.

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Part 7Complaints and discipline
Miscellaneous provisions

257Reimbursement of costs of hearing

  1. Except where any regulations made under this Act otherwise provide, where the Disciplinary Tribunal hears a charge against any person,—

  2. the New Zealand Law Society must, 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, pay into a Crown Bank Account the amount required to reimburse the Crown for the costs of the hearing; and
    1. the New Zealand Society of Conveyancers must, 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, pay into a Crown Bank Account the amount required to reimburse the Crown for the costs of the hearing.
      1. The costs of the hearing—

      2. include not only out-of-pocket expenses in relation to the hearing but also a reasonable sum in respect of—
        1. the remuneration and allowances payable under clause 4 of Schedule 4 to the chairperson, deputy chairperson, and lay members of the Disciplinary Tribunal; and
          1. the costs of the accommodation and the administrative and secretarial services provided to the Disciplinary Tribunal by the Ministry of Justice; but
          2. do not include any part of the costs of the hearing that are, under any order made by the Disciplinary Tribunal, recovered by the Tribunal from any other person.
            1. The amount payable under subsection (1)(a) and the amount payable under subsection (1)(b) are to be fixed in each case by the chairperson of the Disciplinary Tribunal.

            Notes
            • Section 257(1)(a): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
            • Section 257(1)(b): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).