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Lawyers and Conveyancers Act 2006

Complaints and discipline - New Zealand Lawyers and Conveyancers Disciplinary Tribunal

233A: Appointment of temporary acting member

You could also call this:

"Replacing a tribunal member with a temporary one"

Illustration for Lawyers and Conveyancers Act 2006

If a member of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal cannot do their job, the Governor-General can appoint someone else to act in their place. You need to know that the Governor-General makes this appointment based on a recommendation from the Minister. The Minister must talk to the chairperson of the Disciplinary Tribunal, the New Zealand Law Society, and the New Zealand Society of Conveyancers before making a recommendation. When someone is appointed as an acting member, they must be eligible to be a regular member of the Tribunal. You will be treated as a regular member while you are acting in that position. The appointment of an acting member and the things they do cannot be questioned in court because of the reason they were appointed. The rules for appointing an acting member were updated by the Tribunals Powers and Procedures Legislation Act 2018. You can find more information about this in the law. The law says what happens when an acting member is appointed and how they can make decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138179.

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Part 7Complaints and discipline
New Zealand Lawyers and Conveyancers Disciplinary Tribunal

233AAppointment of temporary acting member

  1. If a member of the Disciplinary Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as an acting member for the period or purpose stated in the appointment.

  2. The Minister must not make a recommendation under subsection (1) unless the Minister has consulted—

  3. the chairperson of the Disciplinary Tribunal; and
    1. the New Zealand Law Society; and
      1. the New Zealand Society of Conveyancers.

        1. No person may be appointed as an acting member unless he or she is eligible for appointment as a member.

        2. An acting member is, while acting in the position, to be treated as a member of the Tribunal.

        3. No appointment of an acting member, no act done by an acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

        Notes
        • Section 233A: inserted, on , by section 126 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).