Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and Fee Regulations 2008

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and Fee Regulations 2008

(SR 2008/185)

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 sections 198 and 339(a) and (g) 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 (Legal Complaints Review Officer) Form and Fee Regulations 2008.

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

3 Form to be used for applications to Legal Complaints Review Officer
  • (1) Every application to the Legal Complaints Review Officer for a review of a decision by a standards committee must be in the form set out in the Schedule.

    (2) The form set out in the Schedule may be varied as the circumstances of a particular case require.

4 Fee for application for review
  • The fee required by section 198(c) of the Lawyers and Conveyancers Act 2006 to accompany an application for a review is $50 inclusive of goods and services tax.

    Regulation 4: amended, on 1 July 2013, by regulation 4 of the Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and Fee Amendment Regulations 2013 (SR 2013/218).


Schedule 
Form

r 3

Form
Application to Legal Complaints Review Officer for Review of Decision of Standards Committee

Sections 193–198, Lawyers and Conveyancers Act 2006

Important
  • 1 This application must be lodged within 30 working days after the decision or action of the Standards Committee to which it relates.

  • 2 If you authorise another person to represent you in accordance with paragraph 2 below, all communications in relation to this application will be sent to the address provided for them.

  • 3 If you are not represented by another person, all communications in relation to this application will be sent to the address you have provided.

  • 4 The Legal Complaints Review Officer cannot provide legal advice in relation to your application.

1 Applicant details

Name:

Postal address:

Address for service (if different from postal address):

Telephone number(s):

Fax number(s):

Email address:

2 Authorisation [complete if applicable]

I authorise the following person to represent me:

Name:

Postal address:

Address for service (if different from postal address):

Telephone number(s):

Fax number(s):

Email address:

3 Section under which application is lodged

This application is lodged in accordance with the Lawyers and Conveyancers Act 2006 and in relation to a decision or action of a Standards Committee under the provision identified below. [Complete whichever of paragraphs (a), (b), (c), or (d) applies to your application.]

(a) Review in relation to a complaint (section 194)

I am/The applicant is* eligible to lodge this application under section 194.

I am/The applicant is*: [select whichever of the following applies]

  •  the complainant

  •  the person against whom the complaint was made

  •  a person or body related to the person against whom the complaint was made

  •  the New Zealand Law Society

  •  the New Zealand Society of Conveyancers.

*Select one.
(b) Review in relation to an inquiry (section 195)

I am/The applicant is* eligible to lodge this application under section 195:

I am/The applicant is*: [select whichever of the following applies]

  •  the person to whom the inquiry relates

  •  a person or body related to the person to whom the inquiry relates

  •  the New Zealand Law Society

  •  the New Zealand Society of Conveyancers.

*Select one.
(c) Review of exercise of power to intervene (section 196)

I am/The applicant is* eligible to lodge this application under section 196.

I am/The applicant is*: [select whichever of the following applies]

  •  a practitioner or former practitioner who is directly affected by the Standards Committee's action

  •  a person or body related to a practitioner or former practitioner directly affected by the Standards Committee's action

  •  an incorporated firm or former incorporated firm directly affected by the Standards Committee's action

  •  a banker on whom a notice under section 164(1) was served

  •  a person on whom a notice under section 170 was served

  •  the New Zealand Law Society

  •  the New Zealand Society of Conveyancers.

*Select one.
(d) Review of exercise of functions or powers other than those in sections 194 to 196 (section 197)

I am/The applicant is* eligible to lodge this application under section 197.

I am/The applicant is*: [select whichever of the following applies]

  •  the New Zealand Law Society

  •  the New Zealand Society of Conveyancers

  •  a person who has the leave of the New Zealand Law Society or New Zealand Society of Conveyancers to apply and written evidence of that authority is enclosed.

*Select one.
4 Date of determination, requirement, order, or direction

Date of the decision or action of the Standards Committee to which this application relates:

5 Details of other party [complete if applicable]

Name:

Postal address:

Address for service (if different from postal address):

Telephone number(s):

Fax number(s):

Email address:

6 Reasons for application

[State the reasons for your application, including:

  • your reasons for asking the Legal Complaints Review Officer to review this matter

  • an explanation of any matters to which you think the Legal Complaints Review Officer should have particular regard

  • any new information that you believe the Standards Committee was not, or may not have been, aware of.

Attach additional pages if necessary.]

7 Relevant documents included with this application

I have included a copy of the following: [select as many of the following as apply]

  •  a copy of the written notice of determination issued by the Standards Committee under section 158

  •  a list of documents that may assist the Legal Complaints Review Officer in considering my application

  •  copies of documents that may assist the Legal Complaints Review Officer in considering my application.

Date:

Signature of applicant:

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 (Legal Complaints Review Officer) Form and Fee 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).

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