157 Further power to make order for payment of costs

(1)

If a Standards Committee makes a determination under section 152(2)(c), that Standards Committee may order that costs be awarded to any person to whom the complaint or matter related, and that those costs be paid—

(a)

by the New Zealand Law Society (if that person is 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); or

(b)

by the New Zealand Society of Conveyancers (if that person is 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).

(2)

Even though, in proceedings relating to a complaint or matter, a Standards Committee has made a determination under section 152(2)(c) and has not made a finding that there has been unsatisfactory conduct on the part of a person (being a practitioner or former practitioner or an incorporated firm or former incorporated firm or an employee or former employee of a practitioner or an incorporated firm) to whom the proceedings relate, the Standards Committee may, if it considers that the proceedings were justified and that it is just to do so, order that person to pay to the New Zealand Law Society or the New Zealand Society of Conveyancers such sums as the Standards Committee thinks fit in respect of the expenses of and incidental to the proceedings and any investigation of that person’s conduct or of that person’s affairs or trust account carried out by, or on behalf of, the Standards Committee.

(3)

In this section, expenses includes not only out-of-pocket expenses but also such amounts in respect of salaries of staff and overhead expenses incurred by either the New Zealand Law Society or the New Zealand Society of Conveyancers as the Standards Committee considers properly attributable to an investigation.

Compare: 1982 No 123 s 129