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Lawyers and Conveyancers Act 2006

Complaints and discipline - Jurisdiction of High Court and Court of Appeal

267: High Court may dismiss application, or reserve case for Court of Appeal

You could also call this:

"The High Court can reject or send your case to a higher court to decide if a lawyer should stop working."

Illustration for Lawyers and Conveyancers Act 2006

You can apply to the High Court to have a lawyer's name removed from the list of lawyers. The High Court can dismiss your application if it wants to. It can also send the case to the Court of Appeal if it thinks the application should be approved or if it is unsure. If the High Court sends the case to the Court of Appeal, it must send all the documents to the Court of Appeal. It can also order that the lawyer be suspended from working until the Court of Appeal makes a decision. The Court of Appeal will then consider the application and make a decision as soon as possible. The Court of Appeal can approve or dismiss the application and make any other orders it thinks are necessary. You can find more information by looking at the Lawyers and Conveyancers Act 2006 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367327.

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266: Lawyer's name may be struck off on application to High Court, or

"A lawyer's name can be removed from the lawyers' list by the High Court."

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268: Inherent jurisdiction of High Court, or

"The High Court has its own special powers to make decisions."

Part 7Complaints and discipline
Jurisdiction of High Court and Court of Appeal

267High Court may dismiss application, or reserve case for Court of Appeal

  1. When an application is made to the High Court for an order that the name of a person enrolled as a barrister and solicitor of the High Court under or by virtue of this Act be struck off the roll,—

  2. the High Court may, if it thinks fit, dismiss the application; or
    1. if the High Court is of the opinion that the application ought to be granted, or that it is doubtful whether the application ought to be dismissed or granted, the High Court must reserve the case for the consideration of the Court of Appeal.

      1. The High Court, if it reserves the case under subsection (1)(b),—

      2. must cause the application and all affidavits made in support of the application, and all other proceedings, to be sent forthwith to the Registrar of the Court of Appeal; and
        1. may order that the person enrolled be suspended from practice as a barrister or as a solicitor or as both until the decision of the Court of Appeal on the application is given.

          1. If a case is reserved for the consideration of the Court of Appeal, that court—

          2. must, as soon as practicable, consider the application and grant or dismiss it; and
            1. may make such other order in respect of the application as it thinks fit.

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              Notes
              • Section 267(1): amended, on , by section 23(1) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
              • Section 267(2)(b): amended, on , by section 23(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).