Lawyers and Conveyancers Act 2006

242 Orders that may be made where charge proved

(1)

In any case to which section 241 applies, the Disciplinary Tribunal may make—

(a)

any order that a Standards Committee has power to make under section 156 on the final determination of a complaint:

(b)

an order declaring that, in the opinion of the Disciplinary Tribunal, any of the circumstances specified in section 163 exist in respect of the practitioner or former practitioner and directing a Standards Committee to exercise any power under section 164 or section 169:

(c)

if the person is a lawyer or former lawyer, an order that the person’s name be struck off the roll:

(d)

if the person is a conveyancing practitioner or former conveyancing practitioner, an order that the person’s registration as a conveyancer be cancelled:

(e)

if the person is a lawyer or former lawyer, an order that the person be suspended from practice as a barrister or as a solicitor, or as both, for such period, not exceeding 36 months, as the Disciplinary Tribunal thinks fit:

(f)

if the person is a conveyancing practitioner or former conveyancing practitioner, an order that the person be suspended from practice as a conveyancing practitioner for such period, not exceeding 36 months, as the Disciplinary Tribunal thinks fit:

(g)

if the person is a practitioner or former practitioner, an order prohibiting the person from practising on his or her own account, whether in partnership or otherwise, until authorised by the Disciplinary Tribunal to do so:

(h)

if the person is an employee or a former employee of a practitioner or an incorporated firm,—

(i)

an order that any present employment of that person by any practitioner or incorporated firm be terminated:

(ii)

an order that no practitioner or incorporated firm employ that person in connection with the practitioner’s or incorporated firm’s practice so long as the order remains in force:

(iii)

an order that no practitioner or incorporated firm employ that person in connection with the practitioner’s or incorporated firm’s practice, otherwise than with the written consent of the Disciplinary Tribunal and subject to such conditions as may be imposed by the Disciplinary Tribunal, so long as the order remains in force:

(i)

if the person is a lawyer or former lawyer or an employee or former employee of a lawyer or an incorporated firm, an order that the person pay to the New Zealand Law Society in respect of any charge against him or her such sum by way of penalty, not exceeding $30,000, as the Disciplinary Tribunal thinks fit:

(j)

if the person is a conveyancing practitioner or former conveyancing practitioner or an employee or former employee of a conveyancing practitioner or an incorporated conveyancing firm, an order that the person pay to the New Zealand Society of Conveyancers in respect of any charge against him or her such sum by way of penalty, not exceeding $30,000, as the Disciplinary Tribunal thinks fit.

(2)

Paragraphs (c) and (d) of subsection (1) are subject to section 244.

Compare: 1982 No 123 ss 112(2), 114(2)

Section 242(1)(c): replaced, on 20 November 2012, by section 17 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 242(1)(d): replaced, on 20 November 2012, by section 17 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 242(1)(e): replaced, on 20 November 2012, by section 17 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 242(1)(f): replaced, on 20 November 2012, by section 17 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).

Section 242(1)(g): replaced, on 20 November 2012, by section 17 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).