Lawyers and Conveyancers Disciplinary Tribunal

The Lawyers and Conveyancers Disciplinary Tribunal deals with six main types of proceedings.

Applications for restoration to the roll or register

If on hearing an application the Tribunal is satisfied that the applicant is a fit and proper person to practise as a barrister, solicitor or conveyancer, it may order that the applicant's name be restored to the roll or register.

Application form

Applications for revocation of a particular order in respect of an employee

If the Tribunal orders the termination or disqualification of an employee's employment, that person may apply to the Tribunal to revoke the order. If on hearing an application the Tribunal is satisfied that the applicant is a fit and proper person to be employed by a practitioner, it may revoke the order.

Application form

Applications for consent to employ

A practitioner or incorporated firm may apply to the Tribunal for consent to employ a person who has been disqualified from working by the Tribunal. The Tribunal may grant consent if it is satisfied that there is good reason why the person should be employed.

Application form

Applications for revocation of a suspension order

If on hearing an application the Tribunal is satisfied that the applicant is a fit and proper person to be employed by a practitioner, it may revoke a suspension order.

Application form

Applications to appeal a decision not to issue a practicing certificate

A person may appeal to the Tribunal if they are refused a practising certificate by the New Zealand Law Society or the New Zealand Society of Conveyancers. On hearing an appeal the Tribunal may confirm, reverse, or modify the decision appealed against.

Application form

Disciplinary charges

Investigations into professional conduct and behaviour normally follow either a complaint from a member of the public or a decision by the relevant professional body (that is, the New Zealand Law Society or the New Zealand Society of Conveyancers) to enquire into conduct or behaviour that has otherwise come to its attention.  Contact should be made with the appropriate complaints service if a person wishes to make a complaint:

• For complaints against lawyers, visit the New Zealand Law Society
• For complaints against conveyancers, visit the New Zealand Society of Conveyancers.

The Society concerned will deal with the complaint through one of its Standards Committees, which may either determine the outcome itself or refer the matter to the Tribunal for determination by laying a charge with the Tribunal.  Sometimes the Legal Complaints Review Officer will become involved where a person involved in the complaint, which may include the complainant, requests the Legal Complaints Review Officer to review the decision of a Standards Committee.

A disciplinary charge can only be laid by a Standards Committee or the Legal Complaints Review Officer. The Tribunal hears and determines disciplinary charges against:

• practitioners or former practitioners
• incorporated firms or former incorporated firms
• employees or former employees of practitioners or former practitioners
• employees or former employees of incorporated firms or former incorporated firms.

If the Tribunal is satisfied it has been proved that the person has been guilty of misconduct, unsatisfactory conduct, negligence or incompetence, or has been convicted of an offence punishable by imprisonment, it may make one or more orders under its powers.

The Tribunal has issued a Practice Note that contains information about its procedures and provides some of the required forms.  Other forms are contained in the Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008.