Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008

(SR 2008/184)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 30th day of June 2008  

Present:
Her Excellency the Administrator of the Government in Council


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 regulations are administered by the Ministry of Justice.


Pursuant to section 339 of the Lawyers and Conveyancers Act 2006, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008.

2 Commencement
  • These regulations come into force on 1 August 2008.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Lawyers and Conveyancers Act 2006

    case officer means an employee of the Ministry of Justice who provides administrative support services to the Disciplinary Tribunal under the direction of the chairperson or the Tribunal

    chairperson means the chairperson, deputy chairperson, or any other member of the Disciplinary Tribunal acting for the time being in the capacity of the chairperson

    Disciplinary Tribunal or Tribunal means the New Zealand Lawyers and Conveyancers Disciplinary Tribunal established by section 226 of the Act and whose office is at the Tribunals Unit

    party means a party to proceedings before the Disciplinary Tribunal

    person charged means the person against whom a charge is laid

    proceedings means proceedings before the Disciplinary Tribunal

    to file, in relation to any document, means—

    • (a) to file 8 copies of the document with the Disciplinary Tribunal; or

    • (b) to file the document with the Disciplinary Tribunal in accordance with any directions of the chairperson

    Tribunals Unit means the Tribunals Unit of the Ministry of Justice in Wellington.

    (2) Any term that is defined in the Act and used, but not defined, in these regulations has the meaning given in the Act.

4 Forms
  • The forms set out in the Schedule may be varied as the circumstances of a particular case may require.

Part 1
Hearing of charges and applications for interim suspension

5 Laying and service of charge by Standards Committee
  • (1) A charge laid under section 154 of the Act by a Standards Committee must be in form A and must be supported by affidavit.

    (2) The Standards Committee laying the charge must ensure that the person charged and the complainant (if any) are, without delay, served with—

    • (a) written notice of the Committee's determination that the complaint or matter should be determined by the Disciplinary Tribunal; and

    • (b) a copy of the charge; and

    • (c) a copy of the supporting affidavit.

6 Laying and service of charge by Legal Complaints Review Officer
  • (1) A charge laid under section 212(1)(a) of the Act by the Legal Complaints Review Officer must be in form B and must be supported by affidavit.

    (2) The Legal Complaints Review Officer must ensure that the person charged and the complainant (if any) are served with—

    • (a) written notice of the officer's decision that the complaint or matter should be considered by the Disciplinary Tribunal; and

    • (b) a copy of the charge; and

    • (c) a copy of the supporting affidavit.

    Compare: SR 1984/224 r 3

7 Response to charge
  • (1) A person against whom a charge is laid under section 154 or 212 of the Act must, within 10 working days of being served with the charge or within a time specified by the Disciplinary Tribunal,—

    • (a) file a written response to the charge in form C; and

    • (b) serve the response on the party that laid the charge.

    (2) The 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) whether the person wishes to be heard by the Disciplinary Tribunal (whether in person, by his or her legal representative, or otherwise).

    Compare: SR 1984/224 r 5A

8 Application for interim suspension of practitioner
  • An application under section 155 or 212(2) of the Act for the suspension of a practitioner pending the determination of a charge—

    • (a) must state the grounds of the application in terms of section 245(2) of the Act:

    • (b) may be made without notice:

    • (c) must be in form D.

    Compare: SR 1984/224 r 10

9 Application for revocation of interim suspension order, etc
  • An application under section 245(4) of the Act by a practitioner for the revocation of an interim suspension order or direction, or both, must—

    • (a) be in form E; and

    • (b) be filed with the Tribunal; and

    • (c) be served on the party that laid the charge.

10 lssues conference
  • (1) After a charge is laid under section 154 or 212 of the Act, the chairperson must, as soon as is reasonable in the circumstances, convene an issues conference with the parties.

    (2) The case officer must, as soon as the chairperson has fixed a date, time, and place for the issues conference, notify the parties in writing of that decision.

    (3) At the issues conference, the chairperson may—

    • (b) either—

      • (i) set the matter down for hearing; or

      • (ii) fix a date, time, and place for a setting down conference with the parties.

11 Setting down conference
  • (1) If any directions were given at the issues conference but no order was made under regulation 10(3)(b),—

    • (a) the party that laid the charge must inform the case officer once all directions have been complied with; and

    • (b) the chairperson must, as soon as is reasonable in the circumstances, convene a setting down conference with the parties; and

    • (c) the case officer must, as soon as the chairperson has fixed a date, time, and place for the setting down conference, notify the parties in writing of that decision.

    (2) At the setting down conference, the chairperson—

    • (a) must, in accordance with subclause (3), fix a date or dates for the hearing of the charge; and

    • (b) may give any further directions that he or she considers necessary for the efficient and just conduct of the hearing.

    (3) The first date of the hearing must be no less than 10 working days after the date of the setting down conference, unless all parties agree otherwise.

12 Notice of hearing
  • The case officer must, no later than 10 working days before the hearing, give written notice of the hearing to the parties unless all parties agree otherwise.

13 People charged jointly
  • If 2 or more people are charged jointly, the Disciplinary Tribunal may, after hearing the parties affected, determine—

    • (a) whether to hear the charges together or separately; and

    • (b) if the charges are to be heard together, the order of evidence and addresses.

    Compare: SR 1984/224 r 7

14 Service of order under section 242, 243, 244, 245, or 249 of Act
  • Whenever the Disciplinary Tribunal makes an order under section 242, 243, 244, 245, or 249 of the Act, the case officer must ensure that a copy of the order is served on—

    • (a) the person charged; and

    • (b) the party that laid the charge; and

    • (c) the New Zealand Law Society, if the person charged is a lawyer or former lawyer or an employee or former employee of a lawyer or an incorporated law firm; and

    • (d) the New Zealand Society of Conveyancers, if the person charged is a conveyancing practitioner or former conveyancing practitioner or an employee or former employee of a conveyancing practitioner or an incorporated conveyancing firm; and

    • (e) any other person specified by the Disciplinary Tribunal.

    Compare: SR 1984/224 r 9

Part 2
Application for consent to employ

15 Application for consent to employ
  • (1) An application to the Disciplinary Tribunal under section 248 of the Act for consent to employ a person specified in subsection (1) of that section must—

    • (a) be in form F; and

    • (b) state the reasons why the person should be employed; and

    • (c) be supported by affidavit.

    (2) The applicant must—

    • (a) file the application with the Disciplinary Tribunal; and

    • (b) serve, without delay, notice of the application on the New Zealand Law Society, or as the case may require, the New Zealand Society of Conveyancers.

16 Issues conference
  • (1) After the Disciplinary Tribunal has received an application under section 248 of the Act, the chairperson must, as soon as is reasonable in the circumstances, convene an issues conference with the parties.

    (2) The case officer must, as soon as the chairperson has fixed a date, time, and place for the issues conference, give written notice of that decision to the applicant and—

    • (a) the New Zealand Law Society, if the applicant is a lawyer or an incorporated law firm; or

    • (b) the New Zealand Society of Conveyancers, if the applicant is a conveyancing practitioner or an incorporated conveyancing firm.

    (3) At the issues conference, the chairperson may—

    • (b) either—

      • (i) set the matter down for hearing; or

      • (ii) fix a date, time, and place for a setting down conference with the parties.

17 Setting down conference
  • (1) If any directions were given at the issues conference but no order was made under regulation 16(3)(b),—

    • (a) the applicant must inform the case officer once all directions have been complied with; and

    • (b) the chairperson must, as soon as is reasonable in the circumstances, convene a setting down conference with the parties; and

    • (c) the case officer must, as soon as the chairperson has fixed a date, time, and place for the setting down conference, notify the parties in writing of that decision.

    (2) At the setting down conference, the chairperson—

    • (a) must, in accordance with subclause (3), fix a date or dates for the hearing of the application; and

    • (b) may give any further directions that he or she considers necessary for the efficient and just conduct of the hearing.

    (3) The first date of the hearing must be no less than 10 working days after the date of the setting down conference, unless all parties agree otherwise.

18 Notice of hearing
  • (1) The case officer must, no later than 10 working days before the date of the hearing, give written notice of the hearing to the applicant and—

    • (a) the New Zealand Law Society, if the applicant is a lawyer or an incorporated law firm; or

    • (b) the New Zealand Society of Conveyancers, if the applicant is a conveyancing practitioner or an incorporated conveyancing firm.

    (2) The chairperson may direct the case officer to arrange for the application and the hearing to be advertised in form G or as the chairperson thinks fit.

19 Objections
  • (1) If an application under section 248 of the Act has been advertised under regulation 18, a person who wishes to make an objection to it must, by the date specified in the advertisement,—

    • (a) file a written notice stating the grounds of the objection; and

    • (b) serve the notice on—

      • (i) the New Zealand Law Society, if the applicant is a lawyer or incorporated law firm; or

      • (ii) the New Zealand Society of Conveyancers, if the applicant is a conveyancing practitioner or an incorporated conveyancing firm.

    (2) The case officer must, without delay, give the applicant a copy of any objection received.

20 Right of Societies and objectors to appear and be heard
  • In addition to the applicant, the following people may appear and be heard at the hearing of an application under section 248 of the Act:

    • (a) the New Zealand Law Society; and

    • (b) the New Zealand Society of Conveyancers; and

Part 3
General provisions

21 Address for service
  • (1) The first document filed by any party must state that party's address for service and telephone number.

    (2) A party may change that party's address for service and telephone number by giving written notice to the Disciplinary Tribunal and every other party.

    Compare: SR 1984/224 r 23

22 Leave to withdraw proceedings
  • (1) No charge, application, or appeal may, after it is filed with the Disciplinary Tribunal, be withdrawn except with—

    • (a) the leave of the chairperson given on the application of any party; or

    • (b) the leave of the Disciplinary Tribunal.

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

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

    • (b) dismiss the application; or

    • (c) refer the application to the Disciplinary Tribunal to decide as it thinks fit.

    Compare: SR 1984/224 r 25

23 Adjournments
  • (1) The chairperson may, at any time before a hearing, adjourn the hearing if it appears necessary or expedient to do so in the circumstances.

    (2) The Disciplinary Tribunal may, of its own motion or on application by any party, adjourn the hearing to a time and place and on terms and conditions it thinks fit.

    Compare: SR 1984/224 r 26

24 Amendment of or addition to charge
  • (1) At the hearing of a charge, the Disciplinary Tribunal may of its own motion or on the application of any party, amend or add to the charge if the Tribunal considers it appropriate to do so.

    (2) The Disciplinary Tribunal must adjourn the hearing if it considers that the amendment or addition would—

    • (a) take the person charged by surprise; or

    • (b) prejudice the conduct of the case.

    Compare: SR 1984/224 r 27

25 Evidence
  • (1) All evidence must be given by affidavit unless the Disciplinary Tribunal directs otherwise.

    (2) All witnesses must be available for cross-examination if required by the Disciplinary Tribunal.

    Compare: SR 1984/224 r 8(1)

26 Service of witness summons
  • A party who has successfully applied for the issue of a witness summons under clause 6(1) of Schedule 4 of the Act must ensure that—

    • (a) the summons is served on the person summoned; and

    • (b) notice of the summons is served on every other party.

27 Failure to appear
  • (1) If a party fails to appear at a hearing of the Disciplinary Tribunal, the Tribunal may, having regard to all the circumstances,—

    • (a) adjourn the hearing; or

    • (b) on proof of service on the party of the notice of hearing, hear and determine the proceeding in the party's absence; or

    • (c) dismiss the proceedings.

    (2) Subclause (1)(b) does not limit the Disciplinary Tribunal's power to adjourn the hearing.

    (3) The Disciplinary Tribunal may order the party who has failed to appear to pay costs.

    Compare: SR 1984/224 r 28(1)

28 Failure to comply with directions
  • If a party fails to comply with any direction given by the chairperson under regulation 32, the Disciplinary Tribunal may, after having regard to all the circumstances,—

    • (a) adjourn the hearing; or

    • (b) dismiss the proceedings.

    Compare: SR 1984/224 r 28(2)

29 Method of service
  • (1) Service of a document may be effected by—

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

    • (b) addressing the document for service at the address for service and—

      • (i) leaving the document at that address; or

      • (ii) sending the document by registered post to that address; or

      • (iii) sending the document by electronic means if all parties agree; or

    • (c) any other manner directed by the Disciplinary Tribunal.

    (2) If no address for service is given, the address for service is the address of the person's last known place of abode or business in New Zealand.

    (3) Where service is not effected personally or at the address for service, proof that the document was so addressed and left or so posted is, unless the contrary is shown, proof of service.

    (4) Where service is effected by registered post, service is deemed to have been effected, unless the contrary is shown, at the time the document would have been delivered in the ordinary course of post.

    (5) In this regulation, document includes any notice.

    (6) This regulation does not apply to the service of a witness summons under regulation 26.

    Compare: SR 1984/224 r 31

30 Power to extend or shorten time
  • The Disciplinary Tribunal or the chairperson may extend or shorten the time for doing any act or thing specified in these regulations, whether or not the time for doing it has expired.

    Compare: SR 1984/224 r 32

31 Power to dispense with certain requirements
  • The Disciplinary Tribunal or the chairperson may, if it appears just to do so, dispense with any requirement of these regulations relating to applications, payment of fees, notices, affidavits, documents, service, time, or any other matter.

    Compare: SR 1984/224 r 33

32 Chairperson may convene conference and give directions
  • (1) For the purposes of the just, efficient, and expeditious conduct of proceedings, the chairperson may convene a conference of the parties or counsel representing the parties.

    (2) The conference may—

    • (a) be convened at any time before the day of the hearing or after the hearing has commenced; and

    • (b) be held by a personal attendance of those involved or by telephone conference or video link.

    (3) At the conference, the chairperson may—

    • (a) direct a party to—

      • (i) file, within a time that the chairperson thinks fit, any affidavits, documents, or lists of documents relating to any of the matters at issue; and

      • (ii) promptly serve on every other party a copy of each document filed:

    • (b) direct or permit a party to file and serve any affidavits, documents, or lists of documents in reply, within a time that the chairperson thinks fit:

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

    • (d) direct a party charged to file and serve, within a time that the chairperson thinks fit, a schedule of admissions or denials of the charges made against that party:

    • (e) subject to section 239 of the Act and notwithstanding regulation 25, direct that the evidence at the hearing be given by affidavit or orally, or partly by affidavit and partly orally:

    • (f) direct any party to file and serve on every other party written submissions within a time that the chairperson thinks fit:

    • (g) give any other directions that the chairperson thinks fit for the purposes described in subclause (1).

    Compare: SR 1984/224 r 34A

33 Sittings of Disciplinary Tribunal using telephone conference or video link
  • The chairperson may at any time convene a sitting of the Disciplinary Tribunal by telephone conference or video link for all or any of the following purposes:

    • (a) to consider (whether on the application of the party that laid the charge or of its own motion) the making of an interim order of suspension of a practitioner from practice under section 245 of the Act:

    • (b) to consider the granting of consent to employ a person under section 248 of the Act:

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

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

    Compare: SR 1984/224 r 34B

34 Delivery of decisions
  • Any order or decision of the Disciplinary Tribunal may, if the Tribunal thinks fit, be delivered by any 1 or more members of the Tribunal.

35 Retention of documents and exhibits
  • The Tribunals Unit must retain any books, papers, or other exhibits produced or used at a hearing of the Disciplinary Tribunal until the time for appeal has expired and, if an appeal is made, until the appeal is heard or otherwise disposed of.

    Compare: SR 1984/224 r 34

36 Record of proceedings
  • (1) A record of the proceedings of the Disciplinary Tribunal must be taken at every hearing and stored by the Tribunals Unit on behalf of the Tribunal at the conclusion of the hearing.

    (2) The following people are entitled at all reasonable times to inspect the record or a transcript of it and may receive a copy of the transcript on request:

    • (a) a person who is entitled to be heard on an appeal against an order or decision of the Disciplinary Tribunal:

    • (b) the New Zealand Law Society, if the proceeding relates to—

      • (i) a current or former lawyer, a current or former incorporated law firm, or a current or former employee of a lawyer or incorporated law firm; or

      • (ii) an appeal against a decision of the New Zealand Law Society declining or refusing to issue a practising certificate:

    • (c) the New Zealand Society of Conveyancers, if the proceeding relates to—

      • (i) a current or former conveyancing practitioner, a current or former incorporated conveyancing firm, or a current or former employee of a conveyancing practitioner or incorporated conveyancing firm; or

      • (ii) an appeal against a decision of the New Zealand Society of Conveyancers declining or refusing to issue a practising certificate:

    • (d) any court hearing an appeal against a decision of the Disciplinary Tribunal.

    (3) The chairperson may, subject to conditions the chairperson thinks fit, permit a person to—

    • (a) inspect the record or a transcript of it:

    • (b) receive a copy of the transcript.

    Compare: SR 1984/224 r 29

37 Fees
  • A fee of $320 (inclusive of goods and services tax) is payable to the Disciplinary Tribunal for—

    • (a) an appeal to the Disciplinary Tribunal under section 42 of the Act:

    • (b) an application by a person for restoration of his or her name to the roll under section 246(1) of the Act:

    • (c) an application by a person for the restoration of his or her name to the register under section 246(2) of the Act:

    • (e) an application for consent to employ a person under section 248 of the Act.

    Regulation 37: amended, on 1 July 2013, by regulation 4 of the Lawyers and Conveyancers Act (Disciplinary Tribunal) (Fees) Amendment Regulations 2013 (SR 2013/217).

    Regulation 37: amended, on 1 July 2011, by regulation 4 of the Lawyers and Conveyancers Act (Disciplinary Tribunal) (Fees) Amendment Regulations 2011 (SR 2011/165).


Schedule
Forms

r 4

Form A
Charge laid by Standards Committee against practitioner, former practitioner, employee, or former employee under section 154 of Lawyers and Conveyancers Act 2006

r 5

In the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

No: [number of proceedings]

In the matter of the Lawyers and Conveyancers Act 2006

and

In the matter of [full name], a [specify whether person charged is a lawyer, former lawyer, conveyancing practitioner, former conveyancing practitioner, etc]

To the chairperson of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

and

To [name of person charged]

To [name of complainant, if charge relates to a complaint]

Charge*
*If more than 1 charge is laid, repeat this section as many times as is necessary to set out each charge and the particulars of that charge.

The [name of Standards Committee that is laying charge] charges [full name] of [address] with [specify charge]. The particulars of the charge are that: [Set out in numbered paragraphs the alleged facts that charge relies on. Include all matters that must be established in order to prove charge.]

Affidavit

This charge is supported by the evidence of [full name] set out in his or her affidavit of [date].

Date:

Signature:

[name and position of person signing charge and name of Standards Committee that is laying charge]

Address for service

[Specify address for service and telephone number in accordance with regulation 21.]

Form B
Charge laid by Legal Complaints Review Officer against practitioner, former practitioner, employee, or former employee under section 212(1)(a) of Lawyers and Conveyancers Act 2006

r 6

In the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

No: [number of proceedings]

In the matter of the Lawyers and Conveyancers Act 2006

and

In the matter of [full name], a [specify whether person charged is a lawyer, former lawyer, conveyancing practitioner, former conveyancing practitioner, etc]

To the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

and

To [name of person charged]

To [name of complainant, if charge relates to a complaint]

Charge*
*If more than 1 charge is laid, repeat this section as many times as is necessary to set out each charge and the particulars of that charge.

The [Legal Complaints Review Officer/Deputy Legal Complaints Review Officer*] charges [full name] of [address] with [specify charge]. The particulars of the charge are that: [Set out in numbered paragraphs the alleged facts that charge relies on. Include all matters that must be established in order to prove charge.]

*Select one.
Affidavit

This charge is supported by the evidence of [full name] set out in his or her affidavit of [date].

Date:

Signature:

(Legal Complaints Review Officer/Deputy Legal Complaints Review Officer*)

*Select one.
Address for service

[Specify address for service and telephone number in accordance with regulation 21.]

Form C
Response to charge against practitioner, former practitioner, employee, or former employee

r 7

In the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

No: [number of proceedings]

In the matter of the Lawyers and Conveyancers Act 2006

and

In the matter of [full name], a [specify whether person charged is a lawyer, former lawyer, conveyancing practitioner, former conveyancing practitioner, etc]

To the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

and

To [name of person who laid charge]

Response to charge*
*If more than 1 charge has been laid, repeat this section as many times as is necessary to respond to each charge and the particulars of each charge.

[Specify whether charge itself is admitted or denied and which facts alleged in support of charge are admitted and which are denied.]

Representation and appearance

Select the statement that applies.

Statement A

I, [name], act for [name of person charged]. [Name of person charged] wishes/does not wish* to be represented by me at any hearings or sittings of the Disciplinary Tribunal in relation to this charge.

*Select one.

Statement B

I am self-represented. I wish/do not wish* to attend any hearings or sittings of the Disciplinary Tribunal in relation to this charge.

*Select one.

Date:

Signature:

(person charged/representative of person charged*)

*Select one.

Form D
Application without notice* for interim suspension of practitioner pending determination of charge

r 8

*Omit without notice if application is to be served on practitioner in respect of whom application is being made.

In the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

No: [number of proceedings]

In the matter of the Lawyers and Conveyancers Act 2006

and

In the matter of [full name], a [specify whether person charged is a lawyer, former lawyer, conveyancing practitioner, former conveyancing practitioner, etc]

To the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

and

*To [the person charged]

*Omit if application is being made without notice to the practitioner concerned.

This document notifies you that

  • 1 This is an application by [name] on [date] to the Disciplinary Tribunal for an order suspending [name of person charged] from practising as a barrister, solicitor, barrister and solicitor, or conveyancing practitioner* pending the determination of the charge against him or her.

    *Select one.
  • 2 The grounds on which the order is sought are as follows: [specify concisely the grounds on which order is sought].

  • 3 The application is made in reliance on—

    • (a) section 155/section 212(2)* of the Lawyers and Conveyancers Act 2006; and

      *Select one.
    • (b) [specify any other provisions of any enactment, principle of law, or judicial decision relied on].

  • 4 The charge or charges to which the application relates are attached [attach charge or charges].

Date:

Signature:

(solicitor for applicant/counsel for applicant/applicant*)

*Select one.

Form E
Application for revocation of interim suspension order/order to publicise suspension order*

r 9

*Select one.

In the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

No: [number of proceedings]

In the matter of the Lawyers and Conveyancers Act 2006

and

In the matter of [full name], a [specify whether person charged is a lawyer, former lawyer, conveyancing practitioner, former conveyancing practitioner, etc]

To the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

and

To [the person who laid charge]

This document notifies you that—
  • 1 For this paragraph select the statement that applies.

    Statement A

    This is an application by [name] on [date] to the Disciplinary Tribunal for an order revoking the Disciplinary Tribunal’s order of [date] suspending [name] from practising as a barrister, solicitor, barrister and solicitor, or conveyancing practitioner* pending the determination of the charge against him or her.

    *Select one.

    Statement B

    This is an application by [name], on [date] to the Disciplinary Tribunal for an order revoking the Disciplinary Tribunal’s direction of [date] directing that [give details of how Disciplinary Tribunal ordered the suspension of the practitioner to be publicised].

    Statement C

    This is an application by [name] on [date] to the Disciplinary Tribunal for orders—

    • (a) revoking the Disciplinary Tribunal’s order of [date] suspending [name] from practising as a barrister, solicitor, barrister and solicitor, or conveyancing practitioner* pending the determination of the charge against him or her; and

      *Select one.
    • (b) revoking the Disciplinary Tribunal’s direction of [date] directing that [give details of how Disciplinary Tribunal ordered the suspension of the practitioner to be publicised].

  • 2 The grounds on which the/each* order is sought are as follows: [specify concisely the grounds on which order is sought].

    *Select one.
  • 3 The application is made in reliance on—

    • (a) section 245(4)(a)/ 245(4)(b)/ 245(4)(c)* of the Lawyers and Conveyancers Act 2006; and

      *Select one.
    • (b) [specify any other provisions of any enactment, principle of law, or judicial decision relied on].

  • 4 The charge or charges to which the application relates are attached [attach charge or charges].

Date:

Signature:

(solicitor for applicant/counsel for applicant/applicant*)

*Select one.

Form F
Application for consent to employ

r 15

In the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

No: [number of proceedings]

In the matter of the Lawyers and Conveyancers Act 2006

and

In the matter of [full name], a [specify whether the person previously practised or was employed]

To the New Zealand Lawyers and Conveyancers Disciplinary Tribunal

and

*To the New Zealand Law Society
*Select for applications to which section 248(2)(a) applies.
*To the New Zealand Society of Conveyancers
*Select for applications to which section 248(2)(b) applies.
This document notifies you that
  • 1 This is an application by [name] on [date] to the Disciplinary Tribunal for an order consenting to the employment by the applicant of [name], who [specify how the person previously practised or was employed] and is the subject of an order dated [specify date and effect of order].

  • 2 The grounds on which the order is sought are as follows: [specify concisely the grounds on which order is sought].

  • 3 The application is made in reliance on—

    • (a) section 248(1) of the Lawyers and Conveyancers Act 2006; and

    • (b) [specify any other provisions of any enactment, principle of law, or judicial decision relied on]; and

    • (c) the supporting affidavit of [name].

Date:

Signature:

(solicitor for applicant/counsel for applicant/applicant*)

*Select one.

Form G
Public notice

r 18

New Zealand Lawyers and Conveyancers Disciplinary Tribunal

Application by [name] for consent to employ [name]

[Name of applicant] has applied to the New Zealand Lawyers and Conveyancers Disciplinary Tribunal for consent to employ [name].

[Briefly explain why consent is required to employ that person—eg, the person concerned is a former lawyer who has been struck off the roll.]

You may object to this application by setting out the reasons for your objection in writing. You should also state in your objection whether you wish to appear at the hearing of the application and be heard by the Disciplinary Tribunal.

Your written objection must be sent to—

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal

Tribunals Unit

Ministry of Justice

[Address]

You must also send a copy of your objection to—

The New Zealand Law Society/New Zealand Society of Conveyancers* at [address].

*Select one.

Any objection must be received by the Disciplinary Tribunal by [date as directed by chairperson at issues conference].

Rebecca Kitteridge,
Clerk of the Executive Council.


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

Date of notification in Gazette: 3 July 2008.


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 Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008. The reprint incorporates all the amendments to the regulations as at 1 July 2013, 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).