MEDIA RELEASE – For immediate use, 26 September 2012

Law Society comments on decision by Justice Lang

Today’s High Court decision to dismiss the application by Barry John Hart for a stay on his suspension from practise as a barrister has clarified the legal status of a law practitioner who appeals against an order striking them off the roll of barristers and solicitors, the New Zealand Law Society said.

The Law Society’s National Prosecutions Manager, Mark Treleaven, said section 244(3) of the Lawyers and Conveyancers Act 2006 required any lawyer who had been struck off to be suspended from practice until expiry of the time allowed for an appeal or if an appeal is commenced, until the determination of the appeal.

“Mr Hart applied for a stay of his suspension. In his decision today, Justice Lang found that Parliament clearly chose to introduce a measure designed to ensure that the community was protected in spite of the consequential hardship for Mr Hart and his clients.”

Mr Treleaven said the Law Society had argued that Parliament had determined that all people in Mr Hart’s position should remain suspended while any appeal against their striking off was considered. It had told the High Court that there was nothing special in this particular case to change this.

Mr Treleaven said the Law Society was satisfied with the outcome.

ENDS

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