Plain language law

New Zealand law explained for everyone

Lawyers and Conveyancers Act 2006

Complaints and discipline - Offences

261: Failure to comply with summons

You could also call this:

"What happens if you don't go to a hearing when you're supposed to"

Illustration for Lawyers and Conveyancers Act 2006

If you are summoned to attend a hearing of the Disciplinary Tribunal under clause 6 of Schedule 4, you commit an offence if you do not attend, give evidence, or answer questions without a good reason. You also commit an offence if you do not provide documents or information required by the summons. You will not be convicted of this offence unless you have been paid or offered witnesses' expenses as stated in clause 7(4) of Schedule 4. If you commit this offence, you can be fined up to $25,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367320.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

260: Further provisions relating to Disciplinary Tribunal, or

"Rules for the Disciplinary Tribunal"

Next

262: Obstruction, or

"Blocking People Doing Their Job in the Law"

Part 7Complaints and discipline
Offences

261Failure to comply with summons

  1. Every person summoned under clause 6 of Schedule 4 to attend a hearing of the Disciplinary Tribunal commits an offence if he or she, without sufficient cause, does any or all of the following:

  2. fails to attend in accordance with the summons:
    1. does not give evidence when required to do so:
      1. does not give evidence under oath when required to do so:
        1. does not answer any question that is lawfully asked by the Disciplinary Tribunal:
          1. does not provide any documents, things, or information the summons requires the person to provide.

            1. A person summoned to attend a hearing of the Disciplinary Tribunal is not to be convicted of an offence against subsection (1) unless witnesses' expenses are paid or tendered to that person in accordance with clause 7(4) of Schedule 4.

            2. Every person who commits an offence against this section is liable on conviction to a fine not exceeding $25,000.

            Compare
            Notes
            • Section 261(3): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).