Lawyers and Conveyancers Act 2006

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

352: Penalty

You could also call this:

"Penalty: What happens if a lawyer does something wrong"

Illustration for Lawyers and Conveyancers Act 2006

You make a complaint about something a lawyer did before this law started. The penalty they get must be one that they could have got at the time they did it. This means the penalty is based on the old rules. If the person who did something wrong agrees, they can get a different penalty. This penalty is one that they could have got if they did it after the new law started. They can get this penalty instead of, or as well as, the old penalty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367855.

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

352Penalty

  1. If a complaint is made under this Act about conduct that occurred before the commencement of this section, any penalty imposed in respect of that conduct must be a penalty that could have been imposed in respect of that conduct at the time when that conduct occurred.

  2. Despite subsection (1), the penalties that may be imposed in respect of conduct that occurred before the commencement of this section may, with the consent of the person on whom 1 or more of those penalties may be imposed, include (either in substitution for, or in addition to, any of the penalties that could have been imposed in respect of that conduct at the time when the conduct occurred) any of the penalties that could have been imposed under this Act in respect of that conduct if it had occurred after the commencement of this section.