ABSTRACT

New Zealand’s new regulatory system for lawyers has been operating since 2008. This article evaluates this system – it has several positive features, but there are also items of concern. These include delays in resolving complaints, especially at the Legal Complaints Review Officer level. Whether there is sufficient publicity on the workings of the disciplinary system, its outcomes, and the naming of disciplined lawyers, is also considered. There is a particular focus on the lack of searchable full-text Standards Committee decisions, and the requirement that the approval of the Board of the New Zealand Law Society be obtained before publishing the identity of a censured lawyer. The final focus is on people’s willingess to make reports and complaints to the Law Society about lawyers suspected of wrongdoing. It has come to light recently that, at least in the sensitive areas of harassment and bullying, there is a reluctance to complain. People with knowledge of likely wrong-doing by lawyers must be willing to complain if a complaints-driven process like New Zealand’s is to function effectively.

摘要

新西兰新的律师监管体系自 2008 年开始运行。本文对该体系进行了评估——它有几个积极的特点，但也有一些值得关注的问题。其中包括延迟解决投诉，尤其是在法律投诉审查官级别。还考虑是否对纪律制度的运作、其结果以及纪律处分律师的命名进行了充分的宣传。特别关注缺乏可搜索的全文标准委员会的决定，以及在公布受谴责律师的身份之前必须获得新西兰法律协会董事会的批准的要求。最后一个重点是人们向律师协会举报和投诉涉嫌不法行为的律师的意愿。最近有消息称，至少在骚扰和欺凌的敏感领域，人们不愿抱怨。如果像新西兰这样的投诉驱动程序要有效运作，知道律师可能有不当行为的人必须愿意投诉。