Procedure for payment of disciplinary costs and fines

The New Zealand Law Society’s Board has approved a procedure for enforcement of costs and fines orders made through the Lawyers Complaints Service.

The procedure will be followed after all Lawyers Standards Committee, Legal Complaints Review Office and New Zealand Lawyers and Conveyancers Disciplinary Tribunal decisions.

  1. Immediately following an order for costs or fines, a request for payment will be made of the lawyer immediately (rather than waiting for any review period to expire).
  2. If an appeal is lodged, the collection will be put on hold pending the outcome of the appeal.
  3. If no payment is received the lawyer will be contacted by the Law Society and recovery action will be taken in accordance with the usual debt collection procedures. This may include use of court proceedings.
  4. Arrangements for payment may be entered into between the parties subject to approval by the Law Society’s General Manager, Regulatory.
  5. In appropriate cases any non-payment may be referred to a lawyers standards committee for consideration of an own motion investigation.
  6. Non-compliance with an order of a lawyers standards committee, the Legal Complaints Review Officer and the New Zealand Lawyers and Conveyancers Disciplinary Tribunal is a factor that may be taken into account when the Law Society is considering an application for a practising certificate.

© New Zealand Law Society 2008