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Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Transitional provisions in respect of complaints and disciplinary proceedings

351: Complaints about conduct before commencement of section

You could also call this:

"Complaints about things lawyers did wrong before new rules started"

Illustration for Lawyers and Conveyancers Act 2006

You can make a complaint about a lawyer's conduct before this section started if it could have been dealt with under the Law Practitioners Act 1982. You make this complaint to the complaints service set up by the New Zealand Law Society under section 121(1). This complaint is about conduct that happened before this section started. You cannot make a complaint that has already been dealt with under the Law Practitioners Act 1982. You also cannot make a complaint about conduct that happened more than 6 years before this section started. This includes services delivered or bills sent more than 6 years before this section started. A complaint is treated as having been dealt with under the Law Practitioners Act 1982 if a District Law Society decided not to take any further action. This also happens if a Lay Observer did not want to take further steps after looking at the complaint. It can also happen if the New Zealand Law Society decided not to send the report back to the District Law Society. If a charge against a lawyer was finally decided, the complaint is also treated as having been dealt with.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367854.

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Part 11Miscellaneous provisions
Transitional provisions in respect of complaints and disciplinary proceedings

351Complaints about conduct before commencement of section

  1. If a lawyer or former lawyer or employee or former employee of a lawyer is alleged to have been guilty, before the commencement of this section, of conduct in respect of which proceedings of a disciplinary nature could have been commenced under the Law Practitioners Act 1982, a complaint about that conduct may be made, after the commencement of this section, to the complaints service established under section 121(1) by the New Zealand Law Society.

  2. Despite subsection (1), no person is entitled to make under this Act—

  3. a complaint that has been disposed of under the Law Practitioners Act 1982; or
    1. a complaint in respect of—
      1. conduct that occurred more than 6 years before the commencement of this section; or
        1. regulated services that were delivered more than 6 years before the commencement of this section; or
          1. a bill of costs that was rendered more than 6 years before the commencement of this section.

          2. For the purposes of subsection (2), a complaint is treated as having been disposed of under the Law Practitioners Act 1982—

          3. if a District Law Society, after considering the complaint, decided that the Society would not take any further steps or action on it and the complainant did not, within 3 months after the date on which the complainant was notified of the decision, refer to a Lay Observer, for examination, a written allegation concerning the District Law Society's treatment of the complaint; or
            1. if a Lay Observer, after examining a written allegation made by the complainant concerning the District Law Society's treatment of the complaint, has not indicated in his or her report that he or she would be taking further steps or making further inquiries with regard to the allegation; or
              1. if the New Zealand Law Society, after reviewing—decided not to refer the report or recommendation back to the District Law Society for further consideration; or
                1. the consideration given by the District Law Society to the report or recommendation of the Lay Observer; and
                  1. the action (if any) taken by the District Law Society in consequence of the report or recommendation of the Lay Observer,—
                  2. if any charge laid against a barrister and solicitor before either a District Law Practitioners Disciplinary Tribunal or the New Zealand Law Practitioners Disciplinary Tribunal as a result of the complaint has been finally determined.