New Zealand Legislation: Acts
Acts are laws made by Parliament
Schedule 4 |
Each member of the Disciplinary Tribunal must, before entering on the performance of his or her functions as a member of the Disciplinary Tribunal, swear or affirm before a Judge of the High Court that the member of the Disciplinary Tribunal will faithfully and impartially perform his or her duties as a member of the Disciplinary Tribunal.
(1) Every member of the Disciplinary Tribunal is to be appointed for a term not exceeding 3 years.
(2) A member of the Disciplinary Tribunal is eligible for reappointment from time to time.
(3) Where the term of office of a member of the Disciplinary Tribunal has expired, that member, unless he or she sooner dies or vacates office under clause 3, continues to hold office, by virtue of the appointment for the term that has expired, until—
(a) that member is reappointed; or
(b) a successor to that member is appointed; or
(c) that member is informed in writing by the Minister or the council that appointed that member that he or she is not to be reappointed and is not to hold office until a successor is appointed.
Compare: 1982 No 123 s 120(1)–(3)
(1) A member of the Disciplinary Tribunal who holds office under section 228(a) or (b) or (c) and who was, in accordance with section 230(2) or section 233(1) appointed by the Governor-General, may, at any time, be removed from office by the Governor-General for inability to perform the functions of the office, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.
(2) A member of the Disciplinary Tribunal who holds office under section 228(d) or (e) and who was, in accordance with section 233(2) or (3) appointed by a council, may, at any time, be removed from office by that council for inability to perform the functions of the office, neglect of duty, or misconduct, proved to the satisfaction of that council.
(3) A member of the Disciplinary Tribunal is deemed to have vacated his or her office if he or she is, under the Insolvency Act 2006, adjudged bankrupt.
(4) A member of the Disciplinary Tribunal may, at any time, resign his or her office by giving notice in writing to that effect—
(a) to the Minister; and
(b) to the Council of the New Zealand Law Society (if the member was appointed by that Council); and
(c) to the Council of the New Zealand Society of Conveyancers (if the member was appointed by that Council).
(5) If a member of the Disciplinary Tribunal dies or resigns or is removed from office, or is deemed to have vacated his or her office, the vacancy so created must be filled in the manner in which the appointment to the vacant office was originally made.
(6) Despite subclause (1), if at any time the chairperson or deputy chairperson of the Disciplinary Tribunal holds any other judicial office, he or she may not be removed from office as chairperson or deputy chairperson, except for inability to perform the functions of the office, unless he or she is removed or suspended from his or her other judicial office.
(7) The powers of the Disciplinary Tribunal are not affected by any vacancy in its membership.
Compare: 1982 No 123 ss 109(2), 120(4), (5)
Schedule 4 clause 3(3): amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).
The chairperson of the Disciplinary Tribunal, the deputy chairperson of the Disciplinary Tribunal, and every lay member of the Disciplinary Tribunal are to be paid, out of public money, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the chairperson or deputy chairperson or member were a member of a statutory board within the meaning of that Act.
Compare: 1982 No 123 s 121
No person holding office as the chairperson or deputy chairperson of the Disciplinary Tribunal or as a lay member of the Disciplinary Tribunal is deemed by reason of his or her holding of that office to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 or in the State services for the purposes of the State Sector Act 1988.
Compare: 1982 No 123 s 122
(1) A District Court Judge may, on the application of a party to proceedings before the Disciplinary Tribunal, give a certificate authorising the Disciplinary Tribunal to issue a summons under this section.
(2) A District Court Judge may not give a certificate under subclause (1) unless satisfied that—
(a) the evidence of the witness is or may be material to the hearing of the matter before the Disciplinary Tribunal; and
(b) it is necessary or desirable that the summons be issued to compel the attendance of the witness at the hearing.
(3) The Disciplinary Tribunal must, on production of a certificate referred to in subclause (1), issue a summons in writing, signed by a member of the Disciplinary Tribunal, requiring a person specified in the summons to attend a hearing of the Disciplinary Tribunal at the time and place specified in the summons and do all or any of the following at the hearing:
(a) give evidence:
(b) give evidence under oath:
(c) produce documents, things, or information or any specified documents, things, or information in the possession or control of that person that are relevant to the hearing.
(4) The Disciplinary Tribunal may require that any documents or information produced under this section be verified by oath, statutory declaration, or otherwise.
(5) The Disciplinary Tribunal may—
(a) require that copies of any documents or information produced under this clause must also be provided to any person appearing at the hearing; and
(b) impose any terms and conditions in respect of the provision of copies of any documents or information to a person appearing at the hearing and the use that may be made of them.
Compare: 1996 No 39 s 11(1)–(5)
(1) A summons issued under clause 6 may be served—
(a) by delivering it to the person summoned; or
(b) by posting it to the person summoned at that person's usual place of residence.
(2) A summons must,—
(a) if it is to be served under subclause (1)(a), be served at least 24 hours before the attendance of the witness is required:
(b) if it is to be served under subclause (1)(b), be served at least 10 days before the attendance of the witness is required.
(3) A summons that is posted is to be treated as having been served when it would have been served in the ordinary course of post.
(4) The person requiring attendance of the witness must pay or tender to the witness at the time the summons is served, or at some other reasonable time before the hearing, the sum estimated to be payable to that witness for fees, allowances, and expenses in accordance with the scale prescribed by regulations made under the Summary Proceedings Act 1957.
Compare: 1996 No 39 s 11(6)–(9)
(1) Every witness giving evidence or attending to give evidence at the hearing of any proceedings before the Disciplinary Tribunal is entitled, at the direction of the Disciplinary Tribunal, to such sum for his or her expenses and loss of time as the Disciplinary Tribunal may determine.
(2) Subject to any order made by the Disciplinary Tribunal as to the payment of costs and expenses, all such witnesses' expenses must be paid—
(a) by the New Zealand Law Society (if the proceedings relate to 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); and
(b) by the New Zealand Society of Conveyancers (if the proceedings relate to 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).
Compare: 1982 No 123 s 128
Every person has the same privileges in relation to—
(a) the giving of information to the Disciplinary Tribunal; and
(b) the giving of evidence to, or the answering of questions put by, the Disciplinary Tribunal; and
(c) the production of papers, documents, records, or things to the Disciplinary Tribunal,—
as witnesses have in a court of law.
Compare: 1982 No 123 s 127
Every counsel appearing before the Disciplinary Tribunal has the same privileges and immunities as counsel in a court of law.
Compare: 1982 No 123 s 127
Neither the Disciplinary Tribunal, nor any member, officer, agent, or employee of the Disciplinary Tribunal, is under any criminal or civil liability in respect of—
(a) any act done or omitted to be done in the course of performing or exercising any of their 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 purposes 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 the Disciplinary Tribunal or person has acted in bad faith.
Compare: 1995 No 95 s 135(1)