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Lawyers and Conveyancers Act 2006

Transitional provisions relating to Disciplinary Tribunal

Schedule 3: Provisions applying in relation to Legal Complaints Review Officer

You could also call this:

"Rules for the person who helps with complaints about lawyers"

Illustration for Lawyers and Conveyancers Act 2006

The Legal Complaints Review Officer is a person who helps with complaints about lawyers. You can be appointed as the Legal Complaints Review Officer for up to 5 years. If your term ends, you can still work until a new person is appointed or you are reappointed. The Minister of Justice can remove the Legal Complaints Review Officer from their job if they are not doing it properly. The Legal Complaints Review Officer can also resign from their job. Deputy Legal Complaints Review Officers can be appointed to help the Legal Complaints Review Officer. The Legal Complaints Review Officer and their deputies get paid for their work. They are also given a place to work and the help they need to do their job. The Legal Complaints Review Officer can give some of their jobs to other people, but they are still responsible for making sure everything is done properly. People who work with the Legal Complaints Review Officer, like witnesses, have the same rights as they would in a court. The Legal Complaints Review Officer and their deputies must keep secret any information they get while doing their job, unless they need to share it for a specific reason. The Legal Complaints Review Officer is not personally responsible for anything they do while working, unless they do something wrong on purpose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM368151.

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3Provisions applying in relation to Legal Complaints Review Officer Empowered by s 225

1Term of office of Legal Complaints Review Officer

  1. A person appointed as the Legal Complaints Review Officer must be appointed for a term of up to 5 years and may be reappointed.

  2. Every person appointed as the Legal Complaints Review Officer, unless he or she sooner vacates office under clause 2, is to continue to hold office, despite the expiry of that person's term of appointment, until—

  3. the person's reappointment as the Legal Complaints Review Officer; or
    1. the appointment of a successor; or
      1. the person is informed in writing by the Minister that the person is not to be reappointed and is not to hold office until a successor is appointed.

        1. A person who continues in office for any period under subclause (2) may act as the Legal Complaints Review Officer during that period for the purpose of—

        2. completing any proceedings partly or wholly heard by him or her before the expiry of his or her term of office:
          1. hearing any other proceedings.

            1. A person who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

            Notes
            • Schedule 3 clause 1(1): replaced, on , by section 134(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule 3 clause 1(3): inserted, on , by section 134(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule 3 clause 1(4): inserted, on , by section 134(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            2Vacation of office

            1. The person appointed as the Legal Complaints Review Officer may, at any time, be removed from office by the Minister for inability to perform the functions of the office, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

            2. The person appointed as the Legal Complaints Review Officer is deemed to have vacated his or her office if he or she is, under the Insolvency Act 2006, adjudged bankrupt.

            3. The person appointed as the Legal Complaints Review Officer may, at any time, resign his or her office by giving notice in writing to that effect to the Minister.

            Notes
            • Schedule 3 clause 2(2): amended, on , by section 445 of the Insolvency Act 2006 (2006 No 55).

            3Deputy Legal Complaints Review Officers

            1. Deputies to the person appointed as the Legal Complaints Review Officer may be appointed from time to time.

            2. Subject to the control of the Legal Complaints Review Officer, a Deputy Legal Complaints Review Officer has and may exercise and perform all the powers, duties, and functions of the Legal Complaints Review Officer under this Act (including the power of delegation conferred by clause 6).

            3. Each Deputy Legal Complaints Review Officer is to be appointed in the same manner as the Legal Complaints Review Officer, and sections 190 and 191 and clauses 1 and 2 apply to a Deputy Legal Complaints Review Officer in the same manner as they apply to the Legal Complaints Review Officer.

            4. On the occurrence from any cause of a vacancy in the office of the Legal Complaints Review Officer, and in the case of the absence from duty of the person appointed as the Legal Complaints Review Officer (from whatever cause arising), and for so long as any such vacancy or absence continues, each Deputy Legal Complaints Review Officer has and may exercise and perform all the powers, duties, and functions of the Legal Complaints Review Officer.

            5. The fact that a Deputy Legal Complaints Review Officer exercises or performs any power, duty, or function of the Legal Complaints Review Officer is conclusive evidence of his or her authority to do so.

            Compare
            • 1988 No 2 s 8
            Notes
            • Schedule 3 clause 3 heading: amended, on , by section 6(1) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).
            • Schedule 3 clause 3(1): replaced, on , by section 134(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule 3 clause 3(2): amended, on , by section 6(3) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).
            • Schedule 3 clause 3(3): replaced, on , by section 6(4) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).
            • Schedule 3 clause 3(4): amended, on , by section 6(5) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).
            • Schedule 3 clause 3(5): amended, on , by section 6(6) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).

            4Remuneration and allowances

            1. There is to be paid to the Legal Complaints Review Officer and each Deputy Legal Complaints Review Officer out of public money remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the provisions of the Fees and Travelling Allowances Act 1951, and the provisions of that Act are to apply accordingly as if the Legal Complaints Review Officer and each Deputy Legal Complaints Review Officer were each a member of a statutory board and the travelling were in the service of a statutory board.

            Notes
            • Schedule 3 clause 4: amended, on , by section 7 of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).

            5Accommodation and services

            1. The Ministry of Justice is responsible for ensuring that the Legal Complaints Review Officer and each Deputy Legal Complaints Review Officer are provided with such accommodation and such administrative and secretarial services as are approved from time to time by the Minister of Justice.

            2. If the Ministry of Justice considers that there is a need to incur, in providing the Legal Complaints Review Officer or a Deputy Legal Complaints Review Officer with accommodation or services, costs that have not been anticipated, that Ministry must obtain the approval of the Minister of Justice before incurring those costs.

            Notes
            • Schedule 3 clause 5(1): amended, on , by section 8(1) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).
            • Schedule 3 clause 5(2): amended, on , by section 8(2) of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).

            6Delegation of powers by Legal Complaints Review Officer

            1. With the prior approval of the Minister of Justice, the Legal Complaints Review Officer may, from time to time, delegate to any person holding office under the Legal Complaints Review Officer any of the functions or powers of the Legal Complaints Review Officer under this Act (including this power of delegation).

            2. Every delegation under this clause must be in writing.

            3. No delegation under this clause may include—

            4. the power to make a final determination under this Act in respect of any complaint or matter; or
              1. the power to appoint an investigator; or
                1. the power to lay a charge before the Disciplinary Tribunal.

                  1. Subject to any general or special directions given or conditions imposed by the Legal Complaints Review Officer, the person to whom any functions or powers are delegated under this clause may perform or exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

                  2. Every person purporting to act pursuant to any delegation under this clause is, in the absence of proof to the contrary, to be presumed to be acting in accordance with the terms of the delegation.

                  3. Any delegation under this clause may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class.

                  4. No such delegation affects or prevents the exercise of any power by the Legal Complaints Review Officer, nor does any such delegation affect the responsibility of the Legal Complaints Review Officer for the actions of any person acting under the delegation.

                  5. Any such delegation may be made subject to such restrictions and conditions as the Legal Complaints Review Officer thinks fit, and may be made generally or in relation to any particular case or class of cases.

                  6. Any person purporting to exercise any power of the Legal Complaints Review Officer by virtue of a delegation under this clause must, when required to do so, produce evidence of that person's authority to exercise the power.

                  7Revocation of delegations

                  1. Every delegation under clause 6 is revocable in writing at will.

                  2. Any such delegation, until it is revoked, continues in force according to its tenor.

                  3. If the Legal Complaints Review Officer ceases to hold office, the delegation continues to have effect as if made by the successor in office to the Legal Complaints Review Officer.

                  8Protection and privileges of witnesses

                  1. Every person has the same privileges in relation to—

                  2. the giving of information to the Legal Complaints Review Officer; and
                    1. the giving of evidence to, or the answering of questions put by, the Legal Complaints Review Officer; and
                      1. the production of papers, documents, records, or things to the Legal Complaints Review Officer—
                          1. as witnesses have in a court of law.

                        1. In this section, Legal Complaints Review Officer includes an investigator and any other person acting on behalf of, or as the delegate of, the Legal Complaints Review Officer.

                        Compare

                        9Privileges and immunities of counsel

                        1. Every counsel appearing before the Legal Complaints Review Officer has the same privileges and immunities as counsel in a court of law.

                        Compare

                        10Disclosure of information

                        1. This clause applies to—

                        2. any person who holds, or has held, office as the Legal Complaints Review Officer or a Deputy Legal Complaints Review Officer:
                          1. any person to whom any of the functions and powers of the Legal Complaints Review Officer are, or have been, delegated under this Act.

                            1. No person to whom this clause applies may communicate any matter that came to the knowledge of that person or the employer of that person in the course of the exercise by that person, or the employer of that person, of powers conferred by this Act on that person, or the employer of that person, in relation to any complaint made, or inquiry or investigation conducted, under this Act except—

                            2. for the purposes of the inquiry or investigation; or
                              1. in evidence in any proceedings before—
                                1. a Standards Committee; or
                                  1. the Legal Complaints Review Officer; or
                                    1. the Disciplinary Tribunal; or
                                      1. the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants or a disciplinary tribunal, committee, or other body of any other accredited body (within the meaning of section 6(1) of the Auditor Regulation Act 2011); or
                                      2. to a constable or member of the Serious Fraud Office acting in the performance of his or her duty; or
                                        1. to the Registrar-General of Land for the purpose of enabling the Registrar-General of Land to discharge his or her duties under the Land Transfer Act 2017 or any other enactment; or
                                          1. in evidence in any court.

                                            Compare
                                            Notes
                                            • Schedule 3 clause 10(1)(a): amended, on , by section 9 of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).
                                            • Schedule 3 clause 10(2)(b)(iv): amended, on , by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).
                                            • Schedule 3 clause 10(2)(b)(iv): amended, on , by section 10 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).
                                            • Schedule 3 clause 10(2)(c): amended, on , pursuant to section 116(a)(iii) of the Policing Act 2008 (2008 No 72).
                                            • Schedule 3 clause 10(2)(d): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).

                                            11Legal Complaints Review Officer not personally liable

                                            1. A person who is the Legal Complaints Review Officer or a Deputy Legal Complaints Review Officer or an agent, employee, or delegate of the Legal Complaints Review Officer is not under any civil or criminal liability in respect of—

                                            2. any act done or omitted to be done in the course of performing or exercising any of that person's functions, duties, or powers under this Act or any rules made under this Act; or
                                              1. any words spoken or written at, or for the purpose of, the hearing of any inquiry or other proceedings under this Act or any rules made under this Act; or
                                                1. anything contained in any notice given under this Act or any rules made under this Act,—
                                                    1. unless that person has acted in bad faith.

                                                  Compare
                                                  Notes
                                                  • Schedule 3 clause 11: amended, on , by section 10 of the Lawyers and Conveyancers Amendment Act (No 2) 2012 (2012 No 105).