Lawyers and Conveyancers Act 2006

153 Hearings on the papers

(1)

A hearing conducted under section 152(1) by a Standards Committee is to be a hearing on the papers, unless the Standards Committee otherwise directs.

(2)

Subsections (3) to (8) apply to hearings under section 152(1) that are conducted on the papers.

(3)

If the hearing is with regard to a complaint, the persons who may make written, but not oral, submissions to the Standards Committee are—

(a)

the complainant:

(b)

the person in respect of whom the complaint was made:

(c)

a person who, or body that, is or was, in relation to the person in respect of whom the complaint was made, a related person or entity:

(d)

a person who is or was a director of an entity that is or was, in relation to the practitioner or former practitioner in respect of whom the complaint was made, a related entity:

(e)

the New Zealand Law Society (if the person in respect of whom the complaint was made is or was a lawyer or an incorporated law firm or an employee of a lawyer or an incorporated law firm):

(f)

the New Zealand Society of Conveyancers (if the person in respect of whom the complaint was made is or was a conveyancing practitioner or an incorporated conveyancing firm or an employee of a conveyancing practitioner or an incorporated conveyancing firm).

(4)

If the hearing is with regard to a matter under section 130(c), the persons who may make written, but not oral, submissions to the Standards Committee are—

(a)

the person to whom the inquiry under section 130(c) relates:

(b)

a person who, or body that, is or was, in relation to the person to whom the inquiry under section 130(c) relates, a related person or entity:

(c)

a person who is or was a director of an entity that is or was, in relation to the practitioner or former practitioner to whom the inquiry under section 130(c) relates, a related entity:

(d)

the New Zealand Law Society (if the person to whom the inquiry relates is or was a lawyer or an incorporated law firm or an employee of a lawyer or incorporated law firm):

(e)

the New Zealand Society of Conveyancers (if the person to whom the inquiry relates is or was a conveyancing practitioner or an incorporated conveyancing firm or an employee of a conveyancing practitioner or incorporated conveyancing firm).

(5)

The persons specified in subsections (3) and (4) may include in their submissions—

(a)

additional relevant written material; and

(b)

responses to any submissions made to the Standards Committee by any other person.

(6)

Neither the persons specified in subsections (3) and (4) nor their representatives may appear before the Standards Committee.

(7)

The Standards Committee must make its determination on the basis of the written material before it.

(8)

Consideration of the written material may be undertaken in whatever manner the Standards Committee thinks fit.