Definitions
Glossary of terms for the Lawyers and Conveyancers Disciplinary Tribunal.
- Bill of costs
- A lawyer's or conveyancer's fee, chargeable to a client for legal or conveyancing services.
- Cancellation of registration
- To cancel a conveyancer’s registration and effectively withdraw the powers of the practitioner to practice their professional duties.
- Complaint
- Pertaining to the Lawyers and Conveyancers Act, a complaint may relate to:
- conduct
- standard of service
- failure of practitioner to comply with timeliness
- failure to comply with order or final determination
- bill of costs.
- Conveyancing
- The transfer of ownership of property or business from one person to another. This profession is governed by the New Zealand Society of Conveyancers.
- Determination
- The Tribunal will make a formal determination on the application from the evidence received in writing or at a hearing. This determination is legally binding, sent to all parties, and may be published in a newspaper or journal, in the Gazette, or on the internet.
- Directions hearing (or ‘preliminary conference’ or ‘phone conference’)
- A meeting of all concerned parties called at the direction of the Chair of the Tribunal. The aim is to speed up proceedings and ensure compliance by all parties.
- Discovery (or Disclosure)
- Sharing with or disclosing to all parties all the information and documents relevant to the application.
- Hearing
- The event where the case and evidence are examined by the Tribunal. The parties appear in person before the Tribunal and the Tribunal makes a determination and instructs the parties accordingly (makes a determination). Hearings are held in public unless the Tribunal thinks it’s in the interests of any person and the public interest to hold a hearing or part of a hearing in private. The decision of the Tribunal may also be published.
- Misconduct
- A practitioner may be subject to a complaint or charge because of conduct considered to be disgraceful, dishonourable, wilful, reckless or charging of grossly excessive costs.
- ‘On the papers’ hearing
- Where a formal hearing is not conducted and the Tribunal makes their determination solely from the documents provided by the parties.
- Order
- A direction or order given by the Tribunal or Chair of the Tribunal.
- Practice Directions (Practice Notes)
- The official document issued by the Tribunal instructing how the process for adjudication works. They are guidelines issued by the chair of the Tribunal regarding procedures to be followed in relation to an application.
- Practitioners
- All lawyers enrolled on the roll and conveyancers enrolled on the register.
- Register
- This is the official table of licensed conveyancing practitioners legally empowered to perform their professional duties.
- Roll
- The roll of barristers and solicitors kept by any registrar of the High Court under the Lawyers and Conveyancers Act. This is the official table of licensed legal practitioners (lawyers) who are legally empowered to perform their professional duties.
- Standard of service
- Practitioners who provide regulated services must meet fundamental obligations:
- to be independent
- to act in accordance with all fiduciary duties and duties of care
- to protect the interests of his or her clients.
- Strike off
- To remove a lawyer from the roll and effectively withdraw the power of a practitioner to practice their lawful duties.
- Unsatisfactory conduct
- Conduct that falls short of the standard of competence and diligence expected, or is unacceptable. This includes conduct unbecoming a practitioner, unprofessional conduct or contravention of the Act, regulations and rules, or failure to comply with an imposed condition or restriction.
