7. Complaints

Complaints are separate from appeals. Appeals are for when you want to challenge the result of the hearing. This section outlines if you have a complaint against the JPs, a lawyer, or a legal aid provider.

Justices of the Peace

What can I complain about?

Complaints against JPs should be about their conduct, not the substance of their decision. If you believe their decision was incorrect, you can exercise your right to an appeal, as seen in Part 6 of this Guide.

However, you can complain to the Judicial Conduct Commissioner if their conduct was improper. JPs are allowed to be assertive and maintain order in their courts, however, they are still required to uphold proper standards of behaviour.

How do I complain?

You can complain by filling out this form. The form can either be sent by email to judicialconduct@jcc.govt.nz or physically sending it to the following address:

Lawyers

The behaviour of lawyers is regulated by the New Zealand Law Society (“NZLS”). You can complain to the NZLS if your lawyer acts improperly. Your lawyer is obliged to act according to a set of rules which requires them to do the following things:

• Act competently;

• Protect and promote your interests;

• Follow your instructions;

• Give you information about the work to be done, who will do it, and the way the services will be provided;

• Charge you a fee that is fair and reasonable;

• Give you clear information and advice;

• Protect your privacy and ensure appropriate confidentiality;

• Treat you fairly, respectfully and without discrimination;

• Keep you informed about the work being done and advise you when it is completed; and

• Let you know how to make a complaint and deal with any complaint promptly and fairly.

If they do not act in accordance with these behavioural standards, you can complain to the NZLS. You can contact the Complaints Service, either on 0800 261 801 or by emailing complaints@lawsociety.org.nz.

If you have gotten legal aid for representation and you feel that the representation is unsatisfactory, you can discuss your complaint with your legal aid provider. You can also complain to the NZLS following the above instructions. If you remain unsatisfied, you can fill out this form. This can either be emailed or physically posted to the following addresses:

Email:

legalaidcomplaints@justice.govt.nz

Postal address: