Lawyers and Conveyancers Act 2006

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

268: Inherent jurisdiction of High Court

You could also call this:

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

Illustration for Lawyers and Conveyancers Act 2006

The High Court has its own powers that are not affected by this Act, except for certain sections like sections 266 and 267. You need to know the High Court can stop a barrister and solicitor from working if they have a good reason to do so. The High Court can make this decision even if it goes against what section 245 says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367328.

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

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


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269: Notice of order for striking off or suspension to be published in Gazette, or

"When a lawyer is stopped from working, a notice is published in the Gazette to inform everyone."

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

268Inherent jurisdiction of High Court

  1. Nothing in this Act (other than sections 266 and 267) affects the inherent jurisdiction and powers of the High Court over a person enrolled under or by virtue of this Act as a barrister and solicitor of the High Court (whether or not the person is practising as a barrister and solicitor, or as a barrister but not also as a solicitor).

  2. Despite section 245, the High Court has, in the exercise of its summary jurisdiction, full power, on reasonable cause being shown, to suspend from practice a person enrolled under or by virtue of this Act as a barrister and solicitor of the High Court (whether or not the person is practising as a barrister and solicitor, or as a barrister but not also as a solicitor).

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Notes
  • Section 268(1): amended, on , by section 24(1) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
  • Section 268(2): amended, on , by section 24(2) of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).