New Zealand Legislation: Acts
Acts are laws made by Parliament
Schedule 3 |
(1) Every person appointed as the Legal Complaints Review Officer is to be appointed for a term of 3 years, and may be reappointed for one further term of 3 years.
(2) Every person appointed as the Legal Complaints Review Officer, unless he or she sooner vacates office under clause 2, is to continue to hold office, despite the expiry of that person's term of appointment, until—
(a) the person's reappointment as the Legal Complaints Review Officer; or
(b) the appointment of a successor; or
(c) the person is informed in writing by the Minister that the person is not to be reappointed and is not to hold office until a successor is appointed.
(1) The person appointed as the Legal Complaints Review Officer may, at any time, be removed from office by the Minister for inability to perform the functions of the office, neglect of duty, or misconduct, proved to the satisfaction of the Minister.
(2) The person appointed as the Legal Complaints Review Officer is deemed to have vacated his or her office if he or she is, under the Insolvency Act 2006, adjudged bankrupt.
(3) The person appointed as the Legal Complaints Review Officer may, at any time, resign his or her office by giving notice in writing to that effect to the Minister.
Schedule 3 clause 2(2): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
(1) There may, from time to time, be appointed a deputy to the person appointed as the Legal Complaints Review Officer.
(2) Subject to the control of the Legal Complaints Review Officer, the Deputy Legal Complaints Review Officer has and may exercise and perform all the powers, duties, and functions of the Legal Complaints Review Officer under this Act (including the power of delegation conferred by clause 6).
(3) The Deputy Legal Complaints Review Officer is to be appointed in the same manner as the Legal Complaints Review Officer, and sections 190 and 191 and clauses 1 and 2 apply to the Deputy Legal Complaints Review Officer in the same manner as they apply to the Legal Complaints Review Officer.
(4) On the occurrence from any cause of a vacancy in the office of the Legal Complaints Review Officer, and in the case of the absence from duty of the person appointed as the Legal Complaints Review Officer (from whatever cause arising), and for so long as any such vacancy or absence continues, the Deputy Legal Complaints Review Officer has and may exercise and perform all the powers, duties, and functions of the Legal Complaints Review Officer.
(5) The fact that the Deputy Legal Complaints Review Officer exercises or performs any power, duty, or function of the Legal Complaints Review Officer is conclusive evidence of his or her authority to do so.
Compare: 1988 No 2 s 8
There is to be paid to the Legal Complaints Review Officer and the Deputy Legal Complaints Review Officer out of public money remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the provisions of the Fees and Travelling Allowances Act 1951, and the provisions of that Act are to apply accordingly as if the Legal Complaints Review Officer and the Deputy Legal Complaints Review Officer were each a member of a statutory board and the travelling were in the service of a statutory board.
(1) The Ministry of Justice is responsible for ensuring that the Legal Complaints Review Officer and the Deputy Legal Complaints Review Officer are provided with such accommodation and such administrative and secretarial services as are approved from time to time by the Minister of Justice.
(2) If the Ministry of Justice considers that there is a need to incur, in providing the Legal Complaints Review Officer or the Deputy Legal Complaints Review Officer or both with accommodation or services, costs that have not been anticipated, that Ministry must obtain the approval of the Minister of Justice before incurring those costs.
(1) With the prior approval of the Minister of Justice, the Legal Complaints Review Officer may, from time to time, delegate to any person holding office under the Legal Complaints Review Officer any of the functions or powers of the Legal Complaints Review Officer under this Act (including this power of delegation).
(2) Every delegation under this clause must be in writing.
(3) No delegation under this clause may include—
(a) the power to make a final determination under this Act in respect of any complaint or matter; or
(b) the power to appoint an investigator; or
(c) the power to lay a charge before the Disciplinary Tribunal.
(4) Subject to any general or special directions given or conditions imposed by the Legal Complaints Review Officer, the person to whom any functions or powers are delegated under this clause may perform or exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
(5) Every person purporting to act pursuant to any delegation under this clause is, in the absence of proof to the contrary, to be presumed to be acting in accordance with the terms of the delegation.
(6) Any delegation under this clause may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class.
(7) No such delegation affects or prevents the exercise of any power by the Legal Complaints Review Officer, nor does any such delegation affect the responsibility of the Legal Complaints Review Officer for the actions of any person acting under the delegation.
(8) Any such delegation may be made subject to such restrictions and conditions as the Legal Complaints Review Officer thinks fit, and may be made generally or in relation to any particular case or class of cases.
(9) Any person purporting to exercise any power of the Legal Complaints Review Officer by virtue of a delegation under this clause must, when required to do so, produce evidence of that person's authority to exercise the power.
(1) Every delegation under clause 6 is revocable in writing at will.
(2) Any such delegation, until it is revoked, continues in force according to its tenor.
(3) If the Legal Complaints Review Officer ceases to hold office, the delegation continues to have effect as if made by the successor in office to the Legal Complaints Review Officer.
(1) Every person has the same privileges in relation to—
(a) the giving of information to the Legal Complaints Review Officer; and
(b) the giving of evidence to, or the answering of questions put by, the Legal Complaints Review Officer; and
(c) the production of papers, documents, records, or things to the Legal Complaints Review Officer—
as witnesses have in a court of law.
(2) In this section, Legal Complaints Review Officer includes an investigator and any other person acting on behalf of, or as the delegate of, the Legal Complaints Review Officer.
Compare: 1982 No 123 s 127
Every counsel appearing before the Legal Complaints Review Officer has the same privileges and immunities as counsel in a court of law.
Compare: 1982 No 123 s 127
(1) This clause applies to—
(a) any person who holds, or has held, office as the Legal Complaints Review Officer or the Deputy Legal Complaints Review Officer:
(b) any person to whom any of the functions and powers of the Legal Complaints Review Officer are, or have been, delegated under this Act.
(2) No person to whom this clause applies may communicate any matter that came to the knowledge of that person or the employer of that person in the course of the exercise by that person, or the employer of that person, of powers conferred by this Act on that person, or the employer of that person, in relation to any complaint made, or inquiry or investigation conducted, under this Act except—
(a) for the purposes of the inquiry or investigation; or
(b) in evidence in any proceedings before—
(i) a Standards Committee; or
(ii) the Legal Complaints Review Officer; or
(iii) the Disciplinary Tribunal; or
(iv) the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants; or
(c) to a constable or member of the Serious Fraud Office acting in the performance of his or her duty; or
(d) to the Registrar-General of Land for the purpose of enabling the Registrar-General of Land to discharge his or her duties under the Land Transfer Act 1952 or any other enactment; or
(e) in evidence in any court.
Compare: 1982 No 123 s 85(6)
Schedule 3 clause 10(2)(b)(iv): amended, on 7 July 2010, by section 10 of the New Zealand Institute of Chartered Accountants Amendment Act 2010 (2010 No 74).
Schedule 3 clause 10(2)(c): amended, on 1 October 2008, pursuant to section 116(a)(iii) of the Policing Act 2008 (2008 No 72).
A person who is the Legal Complaints Review Officer or the Deputy Legal Complaints Review Officer or an agent, employee, or delegate of the Legal Complaints Review Officer is not under any civil or criminal liability in respect of—
(a) any act done or omitted to be done in the course of performing or exercising any of that person's functions, duties, or powers under this Act or any rules made under this Act; or
(b) any words spoken or written at, or for the purpose of, the hearing of any inquiry or other proceedings under this Act or any rules made under this Act; or
(c) anything contained in any notice given under this Act or any rules made under this Act,—
unless that person has acted in bad faith.
Compare: 1995 No 95 s 135(1); 1996 No 39 s 12(1)
