Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

240A: Disciplinary Tribunal may strike out, determine, or adjourn proceeding

You could also call this:

"The Disciplinary Tribunal can stop, decide, or delay a case if needed."

Illustration for Lawyers and Conveyancers Act 2006

The Disciplinary Tribunal can stop a proceeding if it thinks there is no good reason for it. You might see this happen if the proceeding is likely to cause problems or delays. The Tribunal can also stop it if they think it is not a serious case. If you are involved in a proceeding and do not show up to the hearing, the Disciplinary Tribunal can make a decision without you. They can also choose to delay the hearing. The Tribunal has the power to make these decisions if they think it is necessary. The Disciplinary Tribunal's powers are outlined in the Tribunals Powers and Procedures Legislation Act 2018, which changed the Lawyers and Conveyancers Act 2006. You can be affected by the Tribunal's decisions if you are involved in a proceeding. The Tribunal's role is to make fair decisions about proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS138244.

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Part 7Complaints and discipline
Procedure

240ADisciplinary Tribunal may strike out, determine, or adjourn proceeding

  1. The Disciplinary Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—

  2. discloses no reasonable cause of action; or
    1. is likely to cause prejudice or delay; or
      1. is frivolous or vexatious; or
        1. is otherwise an abuse of process.
          1. If a party is neither present nor represented at the hearing of a proceeding, the Disciplinary Tribunal may,—

          2. if the party is required to attend, strike out the proceeding; or
            1. determine the proceeding in the absence of the party; or
              1. adjourn the hearing.
                Notes
                • Section 240A: inserted, on , by section 129 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).