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Lawyers and Conveyancers Act 2006

Transitional provisions relating to Disciplinary Tribunal

Schedule 4: Provisions applying in relation to Disciplinary Tribunal

You could also call this:

"Rules for the Disciplinary Tribunal, a group that helps make fair decisions about lawyers and conveyancers"

Illustration for Lawyers and Conveyancers Act 2006

You are a member of the Disciplinary Tribunal. Before you start work, you must promise to do your job fairly and without bias. You will be appointed for up to 5 years and can be reappointed. If your term ends, you can keep working until a new member is appointed or you are reappointed. The Disciplinary Tribunal has the power to summon witnesses and require them to give evidence or produce documents. Witnesses have the same protection as they would in a court of law. The Tribunal's decisions must be in writing and state the reasons for the decision. The Tribunal members are not personally liable for their actions, unless they act in bad faith. This means they cannot be sued or prosecuted for doing their job, as long as they are acting honestly and fairly. The Disciplinary Tribunal is set up under the Lawyers and Conveyancers Act 2006, which is empowered by s 260. You can find more information about the Act and the Tribunal's powers in the Insolvency Act 2006 and the Fees and Travelling Allowances Act 1951.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM368163.

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4Provisions applying in relation to Disciplinary Tribunal Empowered by s 260

1Oath of office

  1. Each member of the Disciplinary Tribunal must, before entering on the performance of his or her functions as a member of the Disciplinary Tribunal, swear or affirm before a Judge of the High Court that the member of the Disciplinary Tribunal will faithfully and impartially perform his or her duties as a member of the Disciplinary Tribunal.

2Term of office

  1. Every member of the Disciplinary Tribunal is to be appointed for a term of up to 5 years.

  2. A member of the Disciplinary Tribunal is eligible for reappointment from time to time.

  3. Where the term of office of a member of the Disciplinary Tribunal has expired, that member, unless he or she sooner dies or vacates office under clause 3, continues to hold office, by virtue of the appointment for the term that has expired, until—

  4. that member is reappointed; or
    1. a successor to that member is appointed; or
      1. that member is informed in writing by the Minister or the council that appointed that member that he or she is not to be reappointed and is not to hold office until a successor is appointed.

        1. A member who continues in office for any period under subclause (3) may act as a member during that period for the purpose of—

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

            1. A member 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.

            Compare
            Notes
            • Schedule 4 clause 2(1): amended, on , by section 135(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule 4 clause 2(4): inserted, on , by section 135(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Schedule 4 clause 2(5): inserted, on , by section 135(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

            3Vacation of office

            1. A member of the Disciplinary Tribunal who holds office under section 228(a) or (b) or (c) and who was, in accordance with section 230(2) or section 233(1) appointed by the Governor-General, may, at any time, be removed from office by the Governor-General for inability to perform the functions of the office, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.

            2. A member of the Disciplinary Tribunal who holds office under section 228(d) or (e) and who was, in accordance with section 233(2) or (3) appointed by a council, may, at any time, be removed from office by that council for inability to perform the functions of the office, neglect of duty, or misconduct, proved to the satisfaction of that council.

            3. A member of the Disciplinary Tribunal is deemed to have vacated his or her office if he or she is, under the Insolvency Act 2006, adjudged bankrupt.

            4. A member of the Disciplinary Tribunal may, at any time, resign his or her office by giving notice in writing to that effect—

            5. to the Minister; and
              1. to the Council of the New Zealand Law Society (if the member was appointed by that Council); and
                1. to the Council of the New Zealand Society of Conveyancers (if the member was appointed by that Council).

                  1. If a member of the Disciplinary Tribunal dies or resigns or is removed from office, or is deemed to have vacated his or her office, the vacancy so created must be filled in the manner in which the appointment to the vacant office was originally made.

                  2. Despite subclause (1), if at any time the chairperson or deputy chairperson of the Disciplinary Tribunal holds any other judicial office, he or she may not be removed from office as chairperson or deputy chairperson, except for inability to perform the functions of the office, unless he or she is removed or suspended from his or her other judicial office.

                  3. The powers of the Disciplinary Tribunal are not affected by any vacancy in its membership.

                  Compare
                  Notes
                  • Schedule 4 clause 3(3): amended, on , by section 445 of the Insolvency Act 2006 (2006 No 55).

                  4Remuneration of chairperson, deputy chairperson, and lay members

                  1. The chairperson of the Disciplinary Tribunal, the deputy chairperson of the Disciplinary Tribunal, and every lay member of the Disciplinary Tribunal are to be paid, out of public money, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the chairperson or deputy chairperson or member were a member of a statutory board within the meaning of that Act.

                  Compare

                  5Chairperson, deputy chairperson, and lay members not in service of Crown

                  1. No person holding office as the chairperson or deputy chairperson of the Disciplinary Tribunal or as a lay member of the Disciplinary Tribunal is deemed by reason of his or her holding of that office to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 or in the State services for the purposes of the Public Service Act 2020.

                  Compare
                  Notes
                  • Schedule 4 clause 5: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

                  6Power to summon witnesses

                  1. For the purposes of its proceedings, the Disciplinary Tribunal may, on its own initiative or at the request of a party, issue in writing a summons requiring any person—

                  2. to attend at the time and place specified in the summons and to give evidence; and
                    1. to produce any papers, documents, records, or things in that person's possession or under that person's control that are relevant to the proceedings.

                      1. The Tribunal may require a person producing any of the things listed in subclause (1)(b) to do so under oath or affirmation, by statutory declaration, or by other means.

                      2. The power to issue a witness summons may be exercised by the Tribunal, the chairperson, the deputy chairperson, the chairperson of a division, or any officer of the Tribunal purporting to act at the direction or with the authority of the Tribunal or any of those persons.

                      3. A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting the Tribunal.

                      4. The Tribunal may—

                      5. require a copy of anything that is produced to be provided to any person appearing at the hearing; and
                        1. impose any terms and conditions on the provision of copies and the use that can be made of them.

                          1. For the purposes of subclause (1), writing includes—

                          2. the recording of words in a permanent and legible form; and
                            1. the recording of words by electronic means that can be retrieved and read; and
                              1. the display of words by any form of electronic or other means of communication that is subsequently recorded by electronic means and that can, by any means, be retrieved and read.

                                Notes
                                • Schedule 4 clause 6: replaced, on , by section 135(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                • Schedule 4 clause 6(3A): inserted, on , by section 135(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

                                7Service of summons

                                1. A summons issued under clause 6 may be served—

                                2. by delivering it to the person summoned; or
                                  1. by posting it to the person summoned at that person's usual place of residence.

                                    1. A summons must,—

                                    2. if it is to be served under subclause (1)(a), be served at least 24 hours before the attendance of the witness is required:
                                      1. if it is to be served under subclause (1)(b), be served at least 10 days before the attendance of the witness is required.

                                        1. A summons that is posted is to be treated as having been served when it would have been served in the ordinary course of post.

                                        2. The person requiring attendance of the witness must pay or tender to the witness at the time the summons is served, or at some other reasonable time before the hearing, the sum estimated to be payable to that witness for fees, allowances, and expenses in accordance with the scale prescribed by regulations made under the Criminal Procedure Act 2011.

                                        Compare
                                        Notes
                                        • Schedule 4 clause 7(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

                                        8Witnesses' expenses

                                        1. Every witness giving evidence or attending to give evidence at the hearing of any proceedings before the Disciplinary Tribunal is entitled, at the direction of the Disciplinary Tribunal, to such sum for his or her expenses and loss of time as the Disciplinary Tribunal may determine.

                                        2. Subject to any order made by the Disciplinary Tribunal as to the payment of costs and expenses, all such witnesses' expenses must be paid—

                                        3. by the New Zealand Law Society (if the proceedings relate to a lawyer or former lawyer or an incorporated law firm or former incorporated law firm or an employee or former employee of a lawyer or an incorporated law firm); and
                                          1. by the New Zealand Society of Conveyancers (if the proceedings relate to a conveyancing practitioner or former conveyancing practitioner or an incorporated conveyancing firm or former incorporated conveyancing firm or an employee or former employee of a conveyancing practitioner or an incorporated conveyancing firm).

                                            Compare

                                            9Protection and privileges of witnesses

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

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

                                                  Compare

                                                  10Privileges and immunities of counsel

                                                  1. Every counsel appearing before the Disciplinary Tribunal has the same privileges and immunities as counsel in a court of law.

                                                  Compare

                                                  11Disciplinary Tribunal and members, etc, not personally liable

                                                  1. Neither the Disciplinary Tribunal, nor any member, officer, agent, or employee of the Disciplinary Tribunal, is under any criminal or civil liability in respect of—

                                                  2. any act done or omitted to be done in the course of performing or exercising any of their 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 purposes 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 the Disciplinary Tribunal or person has acted in bad faith.

                                                        12Decisions to be in writing and state reasons

                                                        1. Every decision of the Disciplinary Tribunal must be in writing and must state the reasons for the decision.

                                                        2. Despite subclause (1), the Tribunal—

                                                        3. may give interim decisions on matters requiring urgent decisions, without stating the reasons for the decision; but
                                                          1. must subsequently set out the reasons for the decision in a written decision.

                                                            Notes
                                                            • Schedule 4 clause 12: inserted, on , by section 135(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).