The Conveyancing profession is regulated by the NZSoC with direction from the Lawyers and Conveyancers Act.
Most people are satisfied with their conveyancer's services, but sometimes things can go wrong. If you are concerned about a conveyancer's service, cost or conduct, you may be entitled to lay a complaint with the Complaints Service of the NZSoC.
Who can make a complaint
Anyone may make a complaint to the Complaints Service. A complaint can be made against:
- a conveyancer or a former conveyancer;
- an incorporated conveyancing firm or a former incorporated conveyancing firm;
- someone who is not a conveyancer but who is or was an employee of a conveyancer or an incorporated conveyancing firm.
In this brochure all these categories are referred to as conveyancer.
When should I contact the Complaints Service?
If you are having problems with a conveyancer, you should try to work things out with the conveyancer or conveyancing firm first. It is advisable to follow up a matter causing concern promptly.
All Conveyancers must have internal procedures for handling complaints and they must tell clients about those procedures before commencing work for the client. Using those procedures can be the quickest and most effective way of sorting things out.
Conveyancers are required to deal with any complaint promptly and fairly. If taking your complaint to the conveyancer proves unsatisfactory, or is inappropriate, the Complaints Service may be able to help you resolve it or to make a formal complaint.
What can be complained about?
You can complain about:
- A conveyancer's conduct - for example, if you believe your conveyancer has a conflict of interest.
- Poor service, if, for example, your conveyancer has:
- not done what they said they would do
- involved you in unreasonable delays
- given you wrong or incomplete information
- failed to reply to phone calls and letters
- not kept you informed about the work they are doing for you
- Costs (but only if the bill is more than $2000 plus GST and not more that two years old).
- You can also make a complaint if your conveyancer fails to comply with any order made under the Lawyers and Conveyancers Act by a Standards Committee or the Legal Complaints Review Officer.
There are some things the Complaints Service is unable to help you with.
It cannot:
- Give you legal advice or a second opinion on legal advice you have received.
- Inquire into the outcome of or assist with court cases.
If you are unsure whether you have grounds for making a complaint, contact the Complaints Service for advice.
How do I make a complaint?
If you have already tried to sort out the problem with the conveyancer and you are still not satisfied, contact the Complaints Service. It can provide reasonable assistance to any person wishing to make a complaint.
It doesn’t cost anything to make a complaint, but formal complaints must be in writing and certain information is needed. The Complaints Service has a form that will help you provide all the required information. This includes the outcome you would like to achieve to resolve the complaint.
What happens to my complaint after it is received?
When the Complaints Service receives your complaint, it acknowledges the complaint and checks that it is valid. If so, it is sent to the Standards Committee for consideration. A copy is given to the person or firm you have complained about. The Standards Committee, which must consist of at least two conveyancers, one non-lawyer member, and one lawyer may:
- Inquire into the complaint.
- Ask you and the conveyancer you are complaining about to consider trying to resolve matters by negotiation, conciliation or mediation. Your complaint may be referred to the Early Resolution Service.
- Decide that no action is warranted.
The Standards Committee has a range of remedies it can order depending on its findings. If it considers the matter very serious, it can refer the complaint to the Lawyers and Conveyancers Disciplinary Tribunal. You will be informed about what the Standards Committee decides. You can ask the Legal Complaints Review Officer to review the decision if you are dissatisfied.
Write to the Conveyancer's Complaints Service at:
Email: Complaints.Service@nzsconveyancing.co.nz
Postal: 40 Donnington Place, Bethlehem, Tauranga, 3110
Phone: 07 218 2188
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