Lawyers and Conveyancers Act 2006

Complaints and discipline - Procedure

239B: Online publication of final written decisions

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"The law says final decisions about lawyers must be published online."

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You need to know that the Disciplinary Tribunal must publish its final written decisions online as soon as possible. This is unless there is a good reason not to publish it. A decision can be published in part if there is a good reason for not publishing the full decision. You can find more information about when a decision might not be published in section 240. Good reasons for not publishing a decision include things like suppression orders or if the decision is not of much public value. The Disciplinary Tribunal decides what is in the interests of justice. A final written decision is one that determines the outcome of a case and can be a written decision after a hearing or a decision made from papers. It can also be an oral decision that has been written down by an official transcription service.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS278186.

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Part 7Complaints and discipline
Procedure

239BOnline publication of final written decisions

  1. Every final written decision of the Disciplinary Tribunal must be published on an Internet site as soon as practicable, unless there is good reason not to publish it.

  2. A final written decision may be published in part if there is good reason for not publishing the full decision.

  3. Subsections (1) and (2) are subject to section 240.

  4. Good reason not to publish a decision, or part of it, includes the following:

  5. non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
    1. the decision falls into a category of decisions that are of limited public value:
      1. taking into account the presumption in subsection (1) in favour of publication, the Disciplinary Tribunal nevertheless determines that the decision, or any part of it, should not be published because publication or the effect of publication would be contrary to the interests of justice.
        1. In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Disciplinary Tribunal and is any of the following:

        2. a written reserved decision following an oral hearing:
          1. a written decision in any case considered on the papers:
            1. an oral decision transcribed by an official transcription service.
              Notes
              • Section 239B: inserted, on , by section 128 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).