Plain language law

New Zealand law explained for everyone

Lawyers and Conveyancers Act 2006

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

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

You could also call this:

"Appealing a decision made by a disciplinary tribunal to the High Court"

Illustration for Lawyers and Conveyancers Act 2006

You can appeal to the High Court against a decision made by the New Zealand Law Practitioners Disciplinary Tribunal or the New Zealand Lawyers and Conveyancers Disciplinary Tribunal. This appeal is made under section 118 of the Law Practitioners Act 1982, which you can find on the New Zealand legislation website. The appeal is about orders or decisions made under Part 7 or section 58 of the Law Practitioners Act 1982. You can bring an appeal if you are the person the order or decision is about. The Standards Committee can also bring an appeal in certain situations, such as when a District Council or committee started the proceedings. This is explained in section 361(2) of the Lawyers and Conveyancers Act 2006. The Law Practitioners Act 1982 still applies to these appeals, even though it has been repealed. This means that the rules in the Law Practitioners Act 1982 are used for appeals under section 118, as if the Act was still in force. You can find the Law Practitioners Act 1982 on the New Zealand legislation website.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367863.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal help
Previous

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

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

Next

361: Revision of practitioner's bill of costs, or

"Changing a lawyer's bill of costs"

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

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

  1. Despite the repeals effected by this Act, an appeal to the High Court may be brought under section 118 of the Law Practitioners Act 1982 against any order or decision made under Part 7 of the Law Practitioners Act 1982 or under section 58 of that Act by the New Zealand Law Practitioners Disciplinary Tribunal or by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal.

  2. An appeal under section 118 of the Law Practitioners Act 1982 (as applied and modified by section 358 of this Act and this section) may be brought only by—

  3. the practitioner or person to whom the order or decision relates:
    1. the Standards Committee referred to in section 361(2) of this Act, where the proceedings before the New Zealand Law Practitioners Disciplinary Tribunal or the New Zealand Lawyers and Conveyancers Disciplinary Tribunal were—
      1. brought by a District Council (within the meaning of the Law Practitioners Act 1982) or a committee appointed under section 100 of that Act; or
        1. commenced by the referral of a charge to the New Zealand Law Practitioners Disciplinary Tribunal or the New Zealand Lawyers and Conveyancers Disciplinary Tribunal by a District Disciplinary Tribunal within the meaning of the Law Practitioners Act 1982 or a Lawyers Standards Committee appointed under section 357 of this Act to carry out the duties and exercise the powers of such a District Disciplinary Tribunal; or
          1. by way of appeal against an order or decision of a District Disciplinary Tribunal (within the meaning of the Law Practitioners Act 1982) or a Lawyers Standards Committee appointed under section 357 of this Act to carry out the duties and exercise the powers of such a District Disciplinary Tribunal:
          2. the Standards Committee referred to in section 361(2) of this Act, where the proceedings before the New Zealand Law Practitioners Disciplinary Tribunal or the New Zealand Lawyers and Conveyancers Disciplinary Tribunal were commenced by the referral to the Tribunal of a matter concerning the issue of a practising certificate under section 58 of the Law Practitioners Act 1982.

            1. 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 118 of the Law Practitioners Act 1982 as if that Act had not been repealed.