18 JANUARY

12. The application and affidavits in support shall be lodged
    by the applicant with the Clerk. Upon receipt thereof by the
    Clerk, the Committee shall fix a date, time, and place for
    the hearing and the Clerk shall serve or cause to be served
    notice thereof on the applicant and on the Law Society of
    the district in which he last practised.

13. Unless the Committee otherwise directs, the applicant
    shall give notice of his application and of the date appointed
    for the hearing through the Secretary of the District Law
    Society to all practitioners practising in the district in which
    the applicant last practised. The Committee may, if it thinks
    fit, require the applicant to give notice as aforesaid to all
    practitioners practising in any other district and to advertise
    his application in such manner and in such form as it directs.
    The Committee may modify, vary, or revoke any direction
    made under this rule and substitute any other direction there-
    for.

14. If any person desires to object to the application, such
    person shall give notice in writing to the Clerk and to the
    Secretary of the said District Law Society at least seven days
    before the day fixed for the hearing, specifying the grounds
    of his objection.

15. The New Zealand Law Society and any District Law
    Society may appear at the hearing of any such application.

16. The Committee may refuse to consider any application
    for restoration to the roll until any order for costs and/or
    expenses made against the applicant in respect of any pro-
    ceedings under Part III of the Law Practitioners Act 1955
    and its amendments whether before any Court or before the
    Disciplinary Committee shall have been paid or complied
    with.

PART IV—GENERAL

17. Whenever any charge affidavit or application is lodged
    with the Clerk under these rules there shall be lodged with
    it 11 additional copies and such copies shall be printed,
    cyclostyled, or produced by some similar process.

18. The Committee shall hear all applications in private.

19. At any stage of the proceedings, the Committee, may, if
    it thinks fit, appoint Counsel to represent the applicant or
    the practitioner charged, and may order that the costs of such
    Counsel be paid out of the funds of the New Zealand Law
    Society.

20. No application shall be withdrawn after it has been sent
    to the Clerk, except by leave of the Committee. Application
    for leave to withdraw shall be made on the day fixed for the
    hearing unless the Committee otherwise directs. The Com-
    mittee may grant leave subject to such terms as to costs or
    otherwise as it shall think fit, or it may adjourn the matter
    under the next succeeding rule.

21. The Committee may of its own motion, or upon the
    application of either party, adjourn the hearing upon such
    terms and conditions including any order as to costs as to
    the Committee may appear just.

22. If upon the hearing, it shall appear to the Committee
    that any charge ought to be amended, or added to, and that
    such amendment or addition is not within the scope of the
    original charge, the Committee may permit such amendment
    or addition provided always that if such amendment or addition
    shall in the opinion of the Committee be such as to take
    the practitioner by surprise, or prejudice the conduct of his
    case, the Committee shall grant an adjournment of the hearing,
    upon such terms as to costs or otherwise as to the Committee
    may appear just.

23. Shorthand notes of proceedings may be taken by a person
    appointed by the Committee; and any party who appeared at
    the proceedings shall be entitled to inspect the transcript
    thereof. The shorthand writer shall, if required, supply to the
    Committee and to any person entitled to be heard upon
    an appeal against an order of the Committee, and to the
    New Zealand and/or District Law Society concerned, but
    to no other person, a copy of the transcript of such notes on
    payment of his charges. If no shorthand notes be taken the
    Chairman shall take or cause to be taken a note of the
    proceedings and the provisions of this rule as to inspection
    and taking of copies shall apply to such note accordingly.

24. Service of any notice or document required by these
    rules may be effected either personally or by registered letter
    addressed to the last known place of abode, or business, of
    the person to be served, and proof that such letter was so
    addressed and posted shall be proof of service, and such
    service shall be deemed to have been effected at the time at
    which the letter would be delivered in the ordinary course
    of post.

25. Any notice or document required to be given or signed
    by the Clerk may be given or signed by him or by the
    Secretary of the New Zealand Law Society, or by any other
    person duly authorised by the Committee.

26. The Committee may dispense with any requirements of
    these rules respecting notices, affidavits, documents, service,
    or time, or any other matter in any case where it appears to
    the Committee to be just so to do.

27. The Committee may extend the time for doing anything
    under these rules.

28. All affidavits and other records shall be filed and kept
    by the Clerk. The Committee may order that any books,
    papers, or other exhibits, produced or used at a hearing, shall
    be retained by the Clerk until the time for appealing has
    expired, and, if notice of appeal is given, until the appeal
    is heard or otherwise disposed of.

29. The several expressions to which meanings are assigned
    in the Law Practitioners Act 1955, shall have the same mean-
    ings in these rules.

30. These rules shall come into force on the 1st day of
    April 1968 and may be cited as “The Law Practitioners Act
    (Disciplinary) Rules 1968”.

SCHEDULE

Form I

NOTICE TO THE SOCIETY BY THE CLERK TO THE DISCIPLINARY

COMMITTEE

IN THE MATTER of the Law Practitioners

Act 1955

and

IN THE MATTER of C.D., a Barrister

and/or Solicitor

To ………. Law Society.

………………day the…………………day of…………………
………………19……………..is the date fixed for the hearing of your charge
in the matter of C.D., a Barrister and/or Solicitor, by the
Disciplinary Committee constituted under the Law Practitioners
Act 1955.

You are required, at least 10 clear days before the day of
hearing:

1. TO lodge with the Clerk to the Committee:
   (a) Any further affidavits with 11 additional copies thereof.
   (b) A list of all documents on which you propose to rely.

2. TO serve a copy of any such affidavit and list upon the
   practitioner.

The Committee will sit at…………………..at………………..
o’clock in the………………..noon.

You are requested to acknowledge receipt of this notice
without delay.

Dated this………………….day of………………….19……………..

………………….

Clerk to the Committee.

Form 2

FORM OF NOTICE TO THE PRACTITIONER BY THE CLERK TO THE

DISCIPLINARY COMMITTEE

IN THE MATTER of the Law Practitioners

Act 1955

and

IN THE MATTER of C.D., a Barrister,

and/or Solicitor

To C.D. of………………….Barrister and/or Solicitor.

A charge of professional misconduct and/or of conduct
unbecoming a barrister or solicitor has been made against
you by………………….Society (the grounds of which
charges are set out in the affidavits, copies whereof accom-
pany this notice) to the Disciplinary Committee constituted
under The Law Practitioners Act 1955. You are required to
answer the allegations contained in the affidavits.

………………day the…………………day of…………………19……………..
is the date fixed for the hearing of the application by the
Committee. The Committee will sit at………………….at………………..
o’clock in the………………..noon. If you fail to
appear, the Committee may, in accordance with The Law
Practitioners Act (Disciplinary) Rules 1967, proceed in your
absence.

You are required, at least 10 clear days before the day of
hearing:

1. TO lodge with the Clerk to the Committee:
   (a) The original and 11 copies of any affidavits upon which
   you propose to rely.
   (b) A list of all documents upon which you propose to rely.

2. TO serve a copy of any such affidavit and list upon the
   Secretary of the………………….Law Society.

Either party may inspect the documents included in the
list furnished by the other and a copy of any document
mentioned in the list of either party must, on application and
at the expense of the party requiring it, be furnished within
three days after receipt of the application.

You are requested to acknowledge receipt of this notice
without delay.

Dated this………………….day of………………….19……………..

………………….

Clerk to the Committee.

The foregoing rules were duly made by the Disciplinary
Committee of the New Zealand Law Society at a meeting
of the said Committee held at Wellington on the 8th day
of December 1967.

L. P. LEARY, Chairman of the Disciplinary Committee.
FRANCES PARKER, Clerk to the Disciplinary Committee.