New Zealand Law Practitioners Disciplinary Tribunal Rules 1984

Reprint
as at 1 May 2002

Coat of Arms of New Zealand

New Zealand Law Practitioners Disciplinary Tribunal Rules 1984

(SR 1984/224)


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These rules are administered by the Ministry of Justice.


Pursuant to section 130 of the Law Practitioners Act 1982, the New Zealand Law Practitioners Disciplinary Tribunal hereby makes the following rules.

Rules

1 Title and commencement
  • (1) These rules may be cited as the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984.

    (2) These rules shall come into force on 29 February 1984.

2 Interpretation
  • In these rules, unless the context otherwise requires,—

    Chairman means the Chairman, the Deputy Chairman, or any member of the Tribunal acting for the time being in either of those capacities

    Secretary means the Secretary to the Tribunal

    Tribunal means the New Zealand Law Practitioners Disciplinary Tribunal.

    Expressions defined in the Act have the meanings so defined.

    A reference to a numbered section is a reference to the section so numbered in the Act.

    A reference to a numbered form is a reference to the form so numbered in the Schedule.

    Rule 2 Chairman: inserted, on 1 May 1992, by rule 2 of the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984, Amendment No 1 (SR 1992/40).

Part 1
Charge against practitioner or employee

3 Making of charge
  • (1) Every charge made before the Tribunal under section 101 shall be in writing signed by a member of or the secretary to the District Council or complaints committee making the charge, and shall be supported by affidavit.

    (2) The charge and every supporting affidavit shall be lodged with the Secretary to the Tribunal.

4 Referral of charge by District Tribunal
  • (1) If a charge is referred to the Tribunal by a District Disciplinary Tribunal under section 106(2), the Chairman of or secretary to the referring Tribunal shall as soon as practicable send to the Secretary—

    • (a) a copy of the charge and of every supporting affidavit and of every written submission, statement, report, document, record, or other paper lodged with the District Disciplinary Tribunal and relating to the charge:

    • (b) a copy of any notes made by or by direction of the Chairman of that Tribunal of any evidence given, or submission made, to it before the referral.

    (2) The referring Tribunal shall from time to time furnish to the Tribunal such further information as it may require for the hearing and disposal of the charge.

5 Notice of hearing
  • (1) The Tribunal or its Chairman, or the Secretary, or a member acting with the authority of the Tribunal or Chairman, must fix the place, time, and day or days for the hearing of any charge made before the Tribunal under section 101 or referred to it by a District Disciplinary Tribunal under section 106.

    (2) Not less than 30 clear days before the day of hearing, the Secretary shall serve or cause to be served—

    • (a) on the District Council or complaints committee that made the charge, a notice in form 1 or to the like effect; and

    • (b) on the person charged, a notice in form 2, or to the like effect, and, except in the case of a charge referred to the Tribunal under section 106, a copy of the charge and of every affidavit in support.

    (3) If the notice under subclause (2) does not specify the time, place, and day or days for the hearing of any charge, the Secretary must, not less than 21 clear days before the hearing, serve or cause to be served on the person charged a separate notice stating the time, place, and day or days for the hearing.

    (4) If more than 1 day is fixed for the hearing, the first of the days fixed is the day of hearing for the purposes of rules 5(2), 6, and 8.

    Rule 5(1): amended, on 1 May 2002, by rule 3(1) of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 5(3): added, on 1 May 2002, by rule 3(2) of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 5(4): added, on 1 May 2002, by rule 3(2) of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

5A Written response
  • (1) Within 14 clear days after service of any charges, or any other time that the Tribunal or the Chairman directs, the person charged must lodge with the Secretary and serve on the District Council or complaints committee that made the charges a written response to the charges.

    (2) The written response must state—

    • (a) which of the facts alleged in each charge are admitted and which are denied; and

    • (b) in relation to each charge, whether the charge itself is admitted or denied; and

    • (c) an address for service in accordance with rule 23 and contact details (including a telephone number) for the person charged or for that person's legal representative.

    Rule 5A: inserted, on 1 May 2002, by rule 4 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

6 Further affidavits and documents relied on
  • (1) Not less than 15 clear days before the day of hearing—

    • (a) the District Council or complaints committee shall lodge with the Secretary every further affidavit on which it proposes to rely and serve on the person charged a copy of each; and

    • (b) the person charged shall lodge with the Secretary every affidavit on which that person proposes to rely and serve on the District Council or complaints committee making the charge a copy of each.

    (2) If a party intends to rely on any documents not exhibited to an affidavit already lodged with the Secretary, the party shall also furnish a list of the documents to the other party, and to the Secretary, not less than 15 clear days before the day of hearing.

    (3) Any party may at all reasonable times inspect the documents specified in the list furnished by any other, and make a copy of or extracts from any such document.

    Rule 6(1): amended, on 1 May 2002, by rule 5 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 6(2): amended, on 1 May 2002, by rule 5 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

7 Persons charged jointly
  • Where 2 or more persons are charged jointly, the Tribunal may, after hearing the parties affected, determine whether the charges shall be heard together or separately, and, if together, the order of evidence and addresses.

8 Evidence
  • (1) Subject to section 126 and these rules, all evidence shall be given by affidavit.

    (2) An application by a party under section 126(3) to require a person to attend at a hearing for the purposes of cross-examination shall be made in writing addressed to the Secretary and shall be lodged not less than 10 clear days before the day of hearing.

    (3) If there is no convenient meeting to which the application can be referred, the Chairman or his nominee may sign an order accordingly. Any person signing such an order shall report to the Tribunal at its next meeting every order so signed, and lay before it a copy of every such order.

9 Service of disciplinary order
  • If the Tribunal makes an order under section 112 the Secretary shall serve or cause to be served a copy of it on the person charged, and on the District Council or complaints committee that made the charge, and on any other person specified by the Tribunal for the purpose.

10 Interim suspension from practice
  • (1) An application under section 115(1) by a District Law Society for the interim suspension of a practitioner may be made—

    • (a) orally at a meeting of the Tribunal; or

    • (b) in writing addressed to the Secretary, stating the grounds of the application.

    (2) An application under section 115(2) by a practitioner for the revocation of an order of interim suspension shall be made in writing addressed to the Secretary, stating the grounds of the application. The applicant shall at the same time serve a copy of the application on the District Law Society concerned.

Part 2
Application for restoration to roll or for revocation of order against employee

11 Application for restoration to roll or revocation of order
  • (1) An application under section 116 by a practitioner for the restoration of the practitioner's name to the roll, or under section 114(4) by any person for the revocation of an order made in respect of the person's employment, shall be in writing supported by affidavit, and shall state the grounds of the application.

    (2) The application and every supporting affidavit shall be lodged with the Secretary.

12 Notice of hearing
  • (1) The Tribunal or its Chairman, or the Secretary, or a member acting with the authority of the Tribunal or Chairman, shall fix a day, time, and place for the hearing of the application.

    (2) Not less than 30 clear days before the day of hearing, the Secretary shall serve or cause to be served a notice in writing of the day, time, and place so fixed on—

    • (a) the applicant; and

    • (b) the New Zealand Law Society; and

    • (c) the District Law Society of the district in which the applicant last practised or was last employed, as the case may be.

    (3) Unless the Tribunal otherwise directs, the Secretary shall at the same time, through the Secretary to the District Law Society, give notice in writing of the application and of the day, time, and place of the hearing to—

    • (a) all practitioners practising in the district in which the applicant last practised or was last employed; and

    • (b) the Secretary to every other District Law Society.

    (4) If directed by the Tribunal to do so, and within such time as the Tribunal directs, the Secretary shall also—

    • (a) give a like notice of the application and hearing to all practitioners practising in any other district; and

    • (b) advertise it in such manner and form as the Tribunal directs.

    (5) The Tribunal may vary or revoke any direction given by it under this rule, or substitute any other direction for it.

13 Objections
  • (1) Not less than 7 clear days before the day of hearing, any person may object to the application by notice in writing given to the Secretary, the applicant, and the Secretary to the District Law Society of the district in which the applicant last practised or was last employed, as the case may be.

    (2) Every such notice shall state the grounds of the objection.

14 Right of Societies and objectors to be heard
  • The New Zealand Law Society, any District Law Society, and any objector who has given notice under rule 13 may appear and be heard at the hearing of the application.

15 Deferral if previous order not complied with
  • The Tribunal may in its discretion refuse to consider the application until every order for any payment by the applicant made in respect of any proceedings under the Act or the Law Practitioners Act 1955 whether before any court or Tribunal or before the Disciplinary Committee of the New Zealand Law Society has been complied with.

Part 3
Appeals to the Tribunal

16 Notice of appeal
  • (1) Any appeal under section 107 by a practitioner or a District Council or complaints committee against an order or decision of a District Disciplinary Tribunal shall be made by lodging with the Secretary, not later than 14 days after the date of service of the order or decision, a notice in writing in form 3.

    (2) The notice shall state the grounds of the appeal and the relief sought.

    (3) Either before or immediately after the lodging of the notice of appeal the appellant shall serve copies of the notice on the respondent and on the Chairman of or secretary to the District Disciplinary Tribunal.

17 Furnishing of record of proceedings before District Tribunal
  • The Chairman of or secretary to the District Disciplinary Tribunal shall—

    • (a) as soon as practicable after receiving the copy of the notice of appeal, send to the Secretary a complete copy or transcript of the record of the proceedings relating to the subject matter of the appeal:

    • (b) from time to time furnish to the Tribunal such further information as it may require for the hearing and disposal of the appeal.

18 Notice of hearing
  • (1) The Tribunal or its Chairman, or the Secretary, or a member acting with the authority of the Tribunal or Chairman, shall fix a day, time, and place for the hearing of the appeal.

    (2) Not less than 21 clear days before the day of hearing, the Secretary shall serve or cause to be served on the appellant and the respondent a notice in writing of the day, time, and place so fixed.

19 Evidence on question of fact
  • (1) Where a question of fact is involved in an appeal, the evidence taken in the proceedings to which the appeal relates and bearing on the question shall, unless the Tribunal otherwise directs, be brought before the Tribunal as follows:

    • (a) as to any evidence given orally, by the production of the transcript or record of those proceedings or such other material as the Tribunal thinks expedient:

    • (b) as to any evidence taken by affidavit, and as to any documents, by the production of the affidavits and such documents as were produced in those proceedings.

    (2) Notwithstanding anything in subclause (1), the Tribunal may of its own motion or on the application of either party, and on such terms and subject to such conditions as it thinks fit, direct that the whole or any part of the evidence be reheard, or that any further evidence, whether given orally or by affidavit or documents or otherwise, be received.

    (3) Any party wishing to adduce such further evidence shall, not less than 7 clear days before the day of hearing, give notice in writing to the Secretary and to the other party of the wish to do so and of the evidence sought to be adduced.

20 Service of order
  • If the Tribunal makes an order under section 107 the Secretary shall serve or cause to be served a copy of it on the appellant and on the respondent and on any other person specified by the Tribunal for the purpose.

Part 4
General provisions

21 Deputy Chairman
  • (1) The members of the Tribunal shall, at its first meeting in each year, elect one of their number to be the Deputy Chairman for that year, as well as the Chairman required by section 108(3) to be elected.

    (2) If the Chairman is absent from any meeting the Deputy Chairman shall preside.

    (3) The Chairman may, by oral, written, or other notice to the Secretary, nominate another member of the Tribunal to act as the Chairman in relation to 1 or more specific proceedings.

    (4) A nomination under subclause (3) may be limited to a specific period, conference, or meeting, and may be revoked by the Chairman by oral, written, or other notice to the Secretary.

    (5) If neither the Chairman nor the Deputy Chairman is present in person or by telephone conference link at any meeting or conference, then any member who has been nominated under subclause (3) in relation to proceedings that are being dealt with at that meeting or conference must preside and exercise the powers of the Chairman at that meeting or conference in relation to those proceedings.

    (6) If both the Chairman and the Deputy Chairman are absent from a meeting and no member has been nominated to act as the Chairman in relation to any proceedings to be dealt with at that meeting, the members present must elect one of their number to be the Chairman for those proceedings at that meeting.

    Rule 21(3): substituted, on 1 May 2002, by rule 6 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 21(4): added, on 1 May 2002, by rule 6 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 21(5): added, on 1 May 2002, by rule 6 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 21(6): added, on 1 May 2002, by rule 6 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

22 Number of copies to be lodged
  • Whenever a charge, affidavit, application, or notice of appeal is lodged with the Secretary under these rules it shall be accompanied by 10 copies.

    Rule 22: amended, on 1 May 2002, by rule 7 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

23 Address for service
  • (1) The first document lodged with the Secretary by any party to any proceedings shall state at its foot the address for service of the party by whom it is lodged.

    (2) The address for service may from time to time be altered by reasonable notice in writing to the Secretary and to the other parties to the proceedings.

24 Appointment of counsel
  • At any stage of any proceedings the Tribunal may, if it thinks fit,—

    • (a) appoint counsel to represent the person charged, the applicant, or the appellant, or any other person, as the case may require:

    • (b) invite the New Zealand Law Society to appoint counsel to appear at the hearing of the proceedings to assist the Tribunal.

25 Leave to withdraw proceedings
  • (1) Except by leave of the Tribunal, no charge, application, or appeal shall be withdrawn after it has been lodged with the Secretary.

    (2) On any application for leave to withdraw, the Tribunal may—

    • (a) grant leave on any terms and subject to any conditions that it thinks fit; or

    • (b) dismiss the application.

    (3) [Revoked]

    Rule 25(2): substituted, on 1 May 2002, by rule 8 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 25(3): revoked, on 1 May 2002, by rule 8 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

26 Adjournments
  • (1) The Tribunal may from time to time of its own motion, or on the application of any party to the proceedings, adjourn the hearing to such time and place and on such terms and subject to such conditions as it thinks fit.

    (2) At any time before a hearing, the Chairman may adjourn the hearing if it appears that, in the special circumstances of the case, it is necessary or expedient to do so.

    (3) When a hearing is adjourned under any provision of these rules the Tribunal may fix in respect of the adjournment a sum or sums by way of costs and expenses to be made payable by any party under any order subsequently made pursuant to section 112 or section 129.

    Rule 26(2): substituted, on 1 May 2002, by rule 9 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

27 Amendment or addition of charge
  • (1) Subject to subclause (2), if at the hearing of a charge it appears to the Tribunal that the charge ought to be amended or added to, it may of its own motion, or on the application of any party, amend or add to the charge.

    (2) If in the Tribunal's opinion the amendment or addition is such as to take the person charged by surprise or to prejudice the conduct of the case, the Tribunal shall adjourn the hearing.

28 Failure to appear or comply with directions
  • (1) If a party to any proceedings fails to appear at the hearing, the Tribunal, having regard to all the circumstances, may in its discretion—

    • (a) adjourn the hearing; or

    • (b) on proof of service on the party of the notice of hearing, and without limiting its power to adjourn, hear and determine the proceedings in the party's absence; or

    • (c) dismiss the proceedings.

    (2) If a party to any proceedings fails to comply with any direction given by the Chairman under rule 34A, the Tribunal, having regard to all the circumstances, may in its discretion—

    • (a) adjourn the hearing; or

    • (b) dismiss the proceedings.

    Rule 28: substituted, on 1 May 1992, by rule 3 of the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984, Amendment No 1 (SR 1992/40).

29 Record of proceedings
  • (1) A record shall be taken of the proceedings at every hearing, and shall be handed to the Secretary at the conclusion of the hearing.

    (2) Any party who appeared at the hearing may at all reasonable times inspect the record or a transcript of it.

    (3) The Secretary shall, if required, supply a copy or transcript of the record to—

    • (a) the Tribunal; and

    • (b) any person entitled to be heard on an appeal against an order or decision of the Tribunal made or given in the proceedings; and

    • (c) the New Zealand Law Society; and

    • (d) the District Law Society concerned—

    but to no other person.

30 Notices by Secretary or other person
  • Any notice or document required to be given or signed by the Secretary may be given or signed either by the Secretary or by any other person authorised by the Tribunal to do so.

31 Method of service
  • (1) Service of any notice or document required to be served on any person in respect of any proceedings may be effected by—

    • (a) delivering it to the person personally; or

    • (b) leaving it, or sending it by registered post, addressed to the person at the address for service (if given) or at the person's last known place of abode or business in New Zealand; or

    • (c) in such other manner as the Tribunal may direct.

    (2) Unless the contrary is shown, where service is not effected personally or at the address for service, proof that the notice or document was so addressed and left or so posted, shall be proof of service and where service is effected by registered post, service shall be deemed to have been effected at the time when the notice or document would have been delivered in the ordinary course of post.

32 Enlargement or abridgment of time
  • The Tribunal or the Chairman may enlarge or abridge the time for doing any act or thing under these rules, whether or not the time for doing it has expired.

    Rule 32: amended, on 1 May 2002, by rule 10 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

33 Tribunal may dispense with certain requirements
  • In any case where it appears to the Tribunal to be just to do so, it may dispense with any requirement of these rules relating to applications, notices, affidavits, documents, service, time, or any other matter.

34 Filing and production of documents and exhibits
  • (1) All documents lodged with the Tribunal shall be filed and kept by the Secretary.

    (2) The Tribunal may order that any books, papers, or other exhibits produced or used at a hearing shall be retained by the Secretary until the time for appeal has expired and, if an appeal is made, until the appeal is heard or otherwise disposed of.

34A Giving of directions
  • (1) For the purposes of giving such directions as the Chairman thinks fit for the just, efficient, and expeditious conduct of an inquiry, the Chairman may, at any time before the day of the hearing or after the hearing has commenced, convene a conference of the parties to the proceeding, or the solicitors or counsel representing the parties, and the conference may be held by a personal attendance of those involved, or by telephone conference link.

    (2) Notwithstanding the provisions of rule 6, the Chairman may, in the course of a conference,—

    • (a) direct any party to lodge with the Tribunal within such time as the Chairman thinks fit, any affidavits, documents, or lists of documents relating to any of the matters at issue, and to serve forthwith a copy of every such affidavit, document, or list on the other party or parties:

    • (b) direct or permit any party to lodge and serve any affidavits, documents, or lists of documents in reply, within such further time as the Chairman thinks fit:

    • (c) direct the order in which the parties shall present their respective cases at the hearing, having regard to the onus of proof on any particular issue or issues:

    • (d) require a party charged, within such time as the Chairman thinks fit, to lodge and serve a schedule of admissions or denials of the charges made against that party:

    • (e) subject to section 126 and notwithstanding rule 8, direct that the evidence at the hearing shall be given by affidavit or orally, or partly by affidavit and partly orally:

    • (f) direct any party or all parties to lodge with the Tribunal and serve written submissions within the time or times that the Chairman thinks fit:

    • (g) give any other directions that the Chairman thinks fit for the purposes referred to in rule 34A(1).

    Rule 34A: inserted, on 1 May 1992, by rule 4 of the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984, Amendment No 1 (SR 1992/40).

    Rule 34A(2)(f): added, on 1 May 2002, by rule 11 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

    Rule 34A(2)(g): added, on 1 May 2002, by rule 11 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

34B Meetings of the Tribunal using telephone conference links
  • The Chairman may at any time convene a meeting of the Tribunal by telephone conference link for all or any of the following purposes:

    • (a) to consider the making of an interim order of suspension of a practitioner from practice under section 115, whether on the application of a District Law Society or of the Tribunal's own motion:

    • (b) to consider any other matters involved in an inquiry or hearing, other than the substantive hearing of charges or other proceedings:

    • (c) to consider any matters relating to the administration or affairs of the Tribunal.

    Rule 34B: inserted, on 1 May 1992, by rule 4 of the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984, Amendment No 1 (SR 1992/40).

35 Revocation and savings
  • (1) These rules are in substitution for the New Zealand Law Practitioners Disciplinary Tribunal Rules 1983 made by the Tribunal on 15 June 1983, and those rules are hereby revoked.

    (2) All charges, applications, appeals, or other proceedings of a disciplinary nature before the Tribunal at the coming into force of these rules and not disposed of before then shall be continued and disposed of as if these rules had not been passed and the New Zealand Law Practitioners Disciplinary Tribunal Rules 1983 were still in force.


Schedule

Form 1
Notice of hearing (to District Council or complaints committee)

r 5

Before the New Zealand Law Practitioners Disciplinary Tribunal

In the matter of the Law Practitioners Act 1982

and

In the matter of [name], a barrister and solicitor (or [name], an employee of [name], barrister and solicitor)

To the Council/complaints committee, [place name] District Law Society

[Day] [date] of [month] [year] is the day (or are the days) fixed for the hearing of charges made by you against [name], a barrister and solicitor (or [name], an employee of [name], barrister and solicitor) before the New Zealand Law Practitioners Disciplinary Tribunal. The Tribunal will sit at [place, time]).

You are required, at least 15 clear days before the day of the hearing,—

  • (a) to lodge with the Secretary to the Tribunal—

    • (i) any further affidavits with 10 additional copies; and

    • (ii) a list of all other documents on which you propose to rely; and

  • (b) to serve a copy of those affidavits and that list on the person charged.

If you intend to seek leave to withdraw any charge, early notice of this to the Tribunal and the person charged will usually help to shorten and reduce the cost of the hearing and to reduce the amount of any costs that may be awarded.

Date:
Signature:
(Secretary to the New Zealand Law Practitioners Disciplinary Tribunal)


This notice is issued by [name], Secretary to the Tribunal, at [address].

  • Schedule form 1: substituted, on 1 May 2002, by rule 12 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

Form 2
Notice of hearing (to the person charged)

r 5

Before the New Zealand Law Practitioners Disciplinary Tribunal

In the matter of the Law Practitioners Act 1982

and

In the matter of [name], a barrister and solicitor (or [name] an employee of [name], barrister and solicitor)

To [name], of [name], barrister and solicitor (or [name], an employee of [name], barrister and solicitor)

Disciplinary charges have been made against you by the Council/complaints committee of the [place name] District Law Society.

[Day] [date] of [month] [year] is the day (or are the days) fixed for the hearing of charges before the New Zealand Law Practitioners Disciplinary Tribunal. The Tribunal will sit at [place, time] (or you will be notified separately of the venue, date, and time of the hearing).

Attached to this notice are copies of the charges made against you and of the affidavits in support that have been lodged with the Tribunal.

Your attention is particularly drawn to the following:

  • (1) You are strongly advised that it is in your own interests to obtain legal representation without delay.

  • (2) Within 14 clear days after service of this notice and the attached charges on you, you must lodge with the Secretary to the Tribunal and serve on the Council/complaints committee that made the charges a written response to the charges.

  • (3) Your written response to the charges must state—

    • (a) which of the facts alleged in each charge are admitted and which are denied; and

    • (b) in relation to each charge, whether the charge itself is admitted or denied; and

    • (c) an address for service and contact details (including a telephone number) for you or for your legal representative.

  • (4) An admission of any facts alleged in any charge will not of itself be taken as an admission that those facts constitute—

    • (a) misconduct in your professional capacity; or

    • (b) conduct unbecoming a barrister or solicitor; or

    • (c) negligence or incompetence of the kind described in section 112(1)(c) of the Law Practitioners Act 1982; or

    • (d) if the person charged is an employee, conduct that would, in the case of a practitioner, be grounds for the striking of the practitioner's name off the roll.

  • (5) If you intend to plead guilty to any charge or admit any of the facts, early notice of this to the Tribunal and the Council/complaints committee will usually help to shorten and reduce the cost of the hearing and to reduce the amount of any costs that may be awarded against you.

  • (6) You are required, at least 15 clear days before the day of the hearing,—

    • (a) to lodge with the Secretary to the Tribunal—

      • (i) the original and 10 copies of any affidavit on which you propose to rely; and

      • (ii) a list of all other documents on which you propose to rely; and

    • (b) to serve a copy of those affidavits and that list on the Council/complaints committee of the [place] District Law Society at its address for service.

  • (7) Failure to comply with the requirements of paragraphs (2), (3), and (6) may lead to an exercise by the Tribunal of its power to adjourn the hearing and/or its power to award costs against the person responsible for the failure.

Your attention is also drawn to the copies of the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984 (SR 1984/224) and Part 7 of the Law Practitioners Act 1982 enclosed with this notice.

If you fail to appear, the Tribunal may proceed to hear and determine the charges in your absence.

Date:
Signature:
(Secretary to the New Zealand Law Practitioners Disciplinary Tribunal)


This notice is issued by [name], Secretary to the Tribunal, at [address].

  • Schedule form 2: substituted, on 1 May 2002, by rule 12 of the New Zealand Law Practitioners Disciplinary Tribunal Amendment Rules 2002 (SR 2002/45).

Form 3
Notice of appeal

r 16

Before the New Zealand Law Practitioners Disciplinary Tribunal

In the matter of the Law Practitioners Act 1982

and

In the matter of CD, a barrister and solicitor

 

[Name] hereby appeals, pursuant to section 107 of the Law Practitioners Act 1982, against the decision of the [specify] Law Practitioners Disciplinary Tribunal given at [place, date].

The grounds of the appeal are:

The relief sought is:

Dated: [place, date]

Copies of this notice have been (are being) sent to the Chairman of (or the Secretary to) the [specify] Law Practitioners Disciplinary Tribunal and to the respondent.

The appellant's address for service is:

Signature:
(CD (or AB, Secretary to the [specify]), appellant)


Date of making of rules

The foregoing rules were duly made by the New Zealand Law Practitioners Disciplinary Tribunal at a meeting of the Tribunal held at Wellington on the 6th day of December 1983.

J E Towle,
Chairman of the Tribunal.

A D Ritchie,
Secretary to the Tribunal.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 6 September 1984.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the New Zealand Law Practitioners Disciplinary Tribunal Rules 1984. The reprint incorporates all the amendments to the rules as at 1 May 2002, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)