Lawyers and Conveyancers Act 2006

Complaints and discipline - Miscellaneous provisions

258: Enforcement of orders of Disciplinary Tribunal

You could also call this:

"What happens if the Disciplinary Tribunal makes a ruling against you"

Illustration for Lawyers and Conveyancers Act 2006

If the Disciplinary Tribunal makes an order about you, it still applies even if you are no longer a practitioner. You have to pay any fine or expenses ordered by the Disciplinary Tribunal, and it is like a normal debt. The Disciplinary Tribunal's order can be filed in the High Court or another court, and then it is treated like an order from that court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367316.

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257: Reimbursement of costs of hearing, or

"Paying for the costs of a Disciplinary Tribunal hearing"


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"The Tribunal's yearly work report to the government and law groups."

Part 7Complaints and discipline
Miscellaneous provisions

258Enforcement of orders of Disciplinary Tribunal

  1. Where the Disciplinary Tribunal, acting in accordance with this Act or any rules made under this Act, makes an order or otherwise exercises any power in respect of any person who is or was a practitioner, that order or other exercise of any power has effect whether or not that person remains a practitioner.

  2. If the Disciplinary Tribunal, acting in accordance with this Act or any rules made under this Act, orders any person who is or was a practitioner or an incorporated firm or an employee of a practitioner or an incorporated firm to pay a fine, expenses, or other monetary amount to the New Zealand Law Society or the New Zealand Society of Conveyancers, that amount is recoverable from that person by the society to which it is ordered to be paid as a debt due to that society, whether or not that person remains a practitioner or an incorporated firm or an employee of a practitioner or an incorporated firm.

  3. If the Disciplinary Tribunal, acting in accordance with this Act or any rules made under this Act, orders the New Zealand Law Society or the New Zealand Society of Conveyancers or any person to pay a fine, expenses, or other monetary amount to any other person, that amount is recoverable in any court of competent jurisdiction from that society or person by that other person as a debt due to that person.

  4. If the Disciplinary Tribunal makes an order under this Part, not being an order to which section 255 applies, the order may be filed in an office of the High Court or, in the case of an order to pay any amount referred to in subsection (2) or (2A), in the office of any court of competent jurisdiction.

  5. On the filing of the order it takes effect as if it were an order of the court in which it was filed to the like effect made within its jurisdiction.

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Notes
  • Section 258(2A): inserted, on , by section 132(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 258(3): amended, on , by section 132(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 258(4): amended, on , by section 132(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).