Lawyers and Conveyancers Act 2006

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

359: Appeal from decision of District Disciplinary Tribunal or Lawyers Standards Committee exercising powers of District Disciplinary Tribunal

You could also call this:

"Appealing a decision made by a disciplinary tribunal or committee"

Illustration for Lawyers and Conveyancers Act 2006

You can appeal a decision made by a District Disciplinary Tribunal or the Lawyers Standards Committee to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. This appeal is made under section 107 of the Law Practitioners Act 1982. You can appeal against an order or decision made under Part 7 of the Law Practitioners Act 1982. You can bring an appeal if you are the practitioner the order or decision is about, or if you are the Standards Committee. The Law Practitioners Act 1982 still applies to these appeals, even though it has been repealed. When you appeal, section 107 of the Law Practitioners Act 1982 is used, with some changes. The changes include replacing the words "New Zealand Disciplinary Tribunal" with "New Zealand Lawyers and Conveyancers Disciplinary Tribunal" in section 107(3) of the Law Practitioners Act 1982. This means the appeal process is similar to what it was before, but with some updates. The Law Practitioners Act 1982 is used for these appeals, with the changes made by this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367862.

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360: Appeal from decision of New Zealand Law Practitioners Disciplinary Tribunal or New Zealand Lawyers and Conveyancers Disciplinary Tribunal, or

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

359Appeal from decision of District Disciplinary Tribunal or Lawyers Standards Committee exercising powers of District Disciplinary Tribunal

  1. Despite the repeals effected by this Act, an appeal to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal may be brought under section 107 of the Law Practitioners Act 1982 against any order or decision made under Part 7 of the Law Practitioners Act 1982 by a District Disciplinary Tribunal or by the Lawyers Standards Committee appointed under section 357 of this Act to carry out the duties and exercise the powers of a District Disciplinary Tribunal, not being a decision to refer a case to the New Zealand Law Practitioners Disciplinary Tribunal or the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.

  2. An appeal under section 107 of the Law Practitioners Act 1982 (as applied and modified by sections 356 and 357 of this Act and this section) may be brought only by—

  3. the practitioner to whom the order or decision relates; or
    1. the Standards Committee referred to in section 361(2) of this Act.
      1. Section 107(3) of the Law Practitioners Act 1982 has effect, for the purposes of subsection (1) of this section, as if, for the words New Zealand Disciplinary Tribunal, there were substituted the words New Zealand Lawyers and Conveyancers Disciplinary Tribunal.

      2. The Law Practitioners Act 1982 is (subject to the modifications made to it by this Act) to have effect in relation to any appeal under section 107 of the Law Practitioners Act 1982 as if that Act had not been repealed.