Apply for a review

You can apply to the tribunal if you want to:

  • restore your name to the roll for lawyers, or to the register of conveyancers
  • apply for the revocation of a suspension order (any person can do this)
  • appeal a decision of the New Zealand Law Society or the New Zealand Society of Conveyancers with respect to a practising certificate (any person can do this)
  • as a practitioner or an incorporated firm, apply for the consent to employ a person who:
    • is under suspension from practice as a barrister and/or solicitor, or as a conveyancing practitioner
    • has had their name struck off the roll
    • has had their registration as a conveyancing practitioner cancelled
    • is disqualified.

To apply fill in and send the appropriate application form.

Postal address:
Lawyers & Conveyancers Disciplinary Tribunal
Tribunals Unit
EX11086
Auckland

Some applications incur a fee.

Laying a charge

A disciplinary charge can only be laid by a Standards Committee or the Legal Complaints Review Officer.

Such a charge will have arisen from an investigation of a complaint made by a member of the public through the New Zealand Law Society Complaints Service or the New Zealand Society of Conveyancers Complaints Service, or from enquiries made into matters coming to the attention of the professional body concerned, such as the New Zealand Law Society or the New Zealand Society of Conveyancers (external link)

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, after hearing a charge, is satisfied that 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 the powers of the Tribunal

Types of proceedings

Types of applications to the Lawyers & Conveyancers Disciplinary Tribunal including reinstatements and revocations.

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 for restoration to the roll or register - Form H [PDF, 782 KB]

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 for revocation of a particular order in respect of an employee - Form I [PDF, 784 KB]

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 for consent to employ - Form F [PDF, 795 KB]

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 for revocation of a suspension order - Form E [PDF, 304 KB]

Applications to appeal a decision not to issue a practising 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 to appeal a decision not to issue a practising certificate - Form J [PDF, 340 KB]

Applications for authorisation for practitioner to practise on own account

A person may apply to the tribunal to repeal an order of the tribunal forbidding them from practising on their own account. On hearing an application the tribunal may reverse, modify or confirm the decision appealed against.

Application for authorisation for practitioner to practise on own account - Form M [PDF, 749 KB]

Notice to the tribunal of 'no appearance' or 'no submission'

The New Zealand Law Society and the New Zealand Society of Conveyancers may wish to apply to the tribunal to 'not appear' and/or to 'not make submissions' in response to an appellant's application to the tribunal to reverse an earlier order or decision.

Notice to the tribunal of 'no appearance' or 'no submission' - Form K [PDF, 789 KB]

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 inquire 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:

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.

Forms for the New Zealand Law Society or the New Zealand Society of Conveyancers

The tribunal has issued a Practice Note that contains information about its procedures. Below are the forms that are to be submitted to the tribunal by the New Zealand Law Society or the New Zealand Society of Conveyancers when submitting a charge against a practitioner to the tribunal.

Application by Standards Committee to lay charge before the tribunal - Form D [PDF, 288 KB]

Application by Legal Complaints Review Officer to lay charge before the tribunal [PDF, 282 KB]

Application by Legal Complaints Review Officer for interim suspension of practitioner [PDF, 282 KB]

Response to charge laid before the tribunal

The person who is charged with an offence by the New Zealand Law Society or the New Zealand Society of Conveyancers can respond to that charge by submitting to the tribunal the following form:

Response to charge against practitioner, former practitioner, employee or former employee [PDF, 284 KB]

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