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, relate to the complaints service and Standards Committee of the New Zealand Society of Conveyancers (the Society).
Part 1 contains preliminary provisions of general application. Regulation 3 is an interpretation provision, and regulation 4 allows the Society to delegate its functions and powers. Regulation 5 relates to complaints about former conveyancing practitioners, former employees, and former incorporated conveyancing firms. It provides that requirements to notify and provide copies of documents to persons in these categories do not apply unless an address for the person is known, or can reasonably be ascertained.
Regulation 6 establishes the complaints service, and provides that the public must be given access to that service at the Society's main office.
Regulation 7 obliges the Society to publish information about the complaints service, including how to access the service and how to make a complaint. Regulation 8 obliges conveyancing practitioners and incorporated conveyancing firms to provide information about the complaints service, on request.
Regulation 9 specifies how a complaint is to be made, and requires the complaints service to give reasonable assistance to persons who wish to make a complaint. Regulation 10 sets out what the complaints service must do when a complaint is received. In particular, the complaints service must acknowledge receipt of the complaint, and provide a copy to the firm, or person or persons, to whom the complaint relates. The complaints service must refer the complaint to the Standards Committee as soon is reasonably practicable.
Regulation 11 provides that the Society must take reasonable steps to ensure the complaints service deals with complaints consistently throughout New Zealand, and in a fair, efficient, and effective manner. It also empowers the Society to make practice notes concerning the operation and procedures of the complaints service.
Regulation 12 specifies certain information that the Society must provide to the Minister, annually, in relation to the outcomes and performance of the complaints service.
Regulation 13 establishes the Standards Committee and regulations 14 to 23 provide for the appointment, tenure, and removal of Committee members, including a requirement that 1 or 2 lay members be appointed.
Regulations 24 to 27 set out procedural matters relating to the Standards Committee, such as how meetings may be held, how decisions will be made, and the procedure to be followed when a complaint is received.
Regulation 28 prevents consideration of a complaint about a bill of costs, if the bill does not exceed $500, or if it was rendered more than 2 years prior to the complaint, unless there are special circumstances.
Regulation 29 allows the Standards Committee, with Board approval, to publish the identify of a person who is the subject of a censure order.
Regulation 30 limits the amount of compensation that the Standards Committee may order to $25,000.
Regulation 31 requires the chairperson of the Standards Committee to provide certain information to the Board, annually, relating to the outcomes of complaints.
Regulation 32 allows for the appointment of investigators to assist the Standards Committee in the investigation of complaints, and regulation 33 sets out when an investigator's appointment may be revoked.