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Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Transitional provisions relating to Solicitors' Fidelity Guarantee Fund

368: Completion of determination of claim

You could also call this:

"When a claim is finally decided and what happens next"

Illustration for Lawyers and Conveyancers Act 2006

When you make a claim, it is fully dealt with when the Council of the New Zealand Law Society or the Management Committee tells you their final decision. They must notify you of this decision. You then have 90 days to object to the decision, or you can object by starting court proceedings against the New Zealand Law Society. If you object, the claim is not fully dealt with until the court proceedings are finished or stopped.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367873.

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Part 11Miscellaneous provisions
Transitional provisions relating to Solicitors' Fidelity Guarantee Fund

368Completion of determination of claim

  1. For the purposes of section 367, a claim is fully dealt with when—

  2. the Council of the New Zealand Law Society or the Management Committee within the meaning of Part 9 of the Law Practitioners Act 1982 has notified a claimant of its final determination in relation to the claim; and
    1. either—
      1. the claimant does not, in the manner prescribed by subsection (2) or subsection (3), lodge an objection to the determination within 90 days after the date on which a copy of the determination is given to the claimant; or
        1. any objection lodged, in the manner prescribed by subsection (2) or subsection (3), is finally disposed of.

        2. If, before a copy of the determination is given to the claimant, the claimant has commenced proceedings against the New Zealand Law Society in relation to the claim, the claimant may,—

        3. if the originating document in relation to the proceedings has been served on the New Zealand Law Society before the copy of the determination is given to the claimant, lodge an objection to the determination only by serving on the New Zealand Law Society a written notice stating that the claimant both objects to the determination and intends to proceed with the proceedings; or
          1. if the originating document in relation to the proceedings has not been served on the New Zealand Law Society before the copy of the determination is given to the claimant, lodge an objection to the determination only by serving that document on the New Zealand Law Society.

            1. In any case to which subsection (2) does not apply, the claimant may lodge an objection to the determination only by commencing proceedings against the New Zealand Law Society in relation to the claim and serving a copy of the originating document in relation to those proceedings on that society.

            2. If the claimant lodges, in accordance with subsection (2) or subsection (3), an objection to the determination, the determination is not to be treated as having been fully dealt with until the proceedings commenced by the claimant have been finally disposed of or discontinued.