NAME SUPPRESSED v NATIONAL STANDARDS COMMITTEE (No. 1) OF THE NEW ZEALAND LAW SOCIETY [2021] NZHC 1053
The High Court has power to modify a Tribunal's interim suppression order and, on the facts and submissions presented, it was appropriate to extend name suppression to continue until the Tribunal's determination; accordingly the appeal was allowed and the Tribunal's order modified to that effect.
Source-derived case information.
- Citation
- [2021] NZHC 1053
- Parties
- Appellant: NAME SUPPRESSED; Respondent: NATIONAL STANDARDS COMMITTEE (No. 1) OF THE NEW ZEALAND LAW SOCIETY
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 May 2021
- Procedural Posture
- Appeal Under S253 Lawyers and Conveyancers Act 2006 / Interlocutory Appeal Against Extension of Interim Name Suppression Pending Disciplinary Proceedings
- Outcome
- Appeal allowed; Tribunal order modified to continue name suppression until the Tribunal's determination.
- Legal Topics
- Name Suppression, Interim Suppression, Disciplinary Proceedings, Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
NAME SUPPRESSED
Appellant
NATIONAL STANDARDS COMMITTEE (No. 1) OF THE NEW ZEALAND LAW SOCIETY
Respondent
Procedural Posture
Appeal Under S253 Lawyers and Conveyancers Act 2006 / Interlocutory Appeal Against Extension of Interim Name Suppression Pending Disciplinary Proceedings
Legal Issues
- 1 Whether interim name suppression should continue until the Tribunal's final determination
- 2 Whether the High Court should modify the Disciplinary Tribunal's order extending suppression only to the commencement date of proceedings
Ratio Decidendi
The High Court has power to modify a Tribunal's interim suppression order and, on the facts and submissions presented, it was appropriate to extend name suppression to continue until the Tribunal's determination; accordingly the appeal was allowed and the Tribunal's order modified to that effect.
Court Disposition
Appeal allowed; Tribunal order modified to continue name suppression until the Tribunal's determination.
Orders
- Name suppression to continue until the date of the Disciplinary Tribunal's determination.
- The name of the practitioner's partner is suppressed.
Full Case Text
Judgment text and source record
1 paragraphs
NAME SUPPRESSED v NATIONAL STANDARDS COMMITTEE (No. 1) OF THE NEW ZEALAND LAWSOCIETY [2021] NZHC 1053 [11 May 2021]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2021-404-656[2021] NZHC 1053UNDER Section 253 of the Lawyers andConveyancers Act 2006BETWEEN NAME SUPPRESSEDAppellantAND NATIONAL STANDARDS COMMITTEE(No. 1) OF THE NEW ZEALAND LAWSOCIETYRespondentHearing: 4 May 2021Appearances: J Long and J Grimmer for the AppellantD La Hood for the RespondentJudgment: 12 May 2021RESULTS JUDGMENT OF HINTON JThis judgment was delivered by me on 12 May 2021 at 11:00 ampursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy RegistrarSolicitors/Counsel:Duncan King Law,Julian Long, Barrister, AucklandLuke Cunningham & Clere, Barristers & Solicitors, Wellington[1] On 4 May 2021 I heard an appeal by the appellant, a legal practitioner, againsta decision of the Lawyers and Conveyancers Disciplinary Tribunal to extend a periodof interim name suppression until 9:30 am on Monday 17 May 2021 being the datethat professional disciplinary proceedings commence against the appellant. Theappellant says that suppression should have been allowed down to the date of theTribunal's determination.[2] Having read and heard submissions from the appellant and the NationalStandards Committee (No. 1) and considered all relevant documents, I havedetermined to allow the appeal. The order of the Tribunal is therefore modified suchthat name suppression is to continue down to the date of the Tribunal's determination.[3] Due to the shortage of time, my reasons will follow.[4] The name of the practitioner's partner (in life) is also to be suppressed.Hinton J