Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and Fee Regulations 2008 (SR 2008/185)

2008/185

Crest

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

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

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 $30 inclusive of goods and services tax.


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.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 August 2008, prescribe—

  • the form that is to be used to apply to the Legal Complaints Review Officer for a review of a decision by a Standards Committee; and

  • the fee ($30) that must be paid when applying for a review.


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

Date of notification in Gazette: 3 July 2008.

These regulations are administered by the Ministry of Justice.