IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2023-485-308
[2023] NZHC 2500
UNDER Part 7 of the Lawyers and Conveyancers Act 2006 IN THE MATTER
of an appeal against a decision of the New Zealand Lawyers and Conveyancers
Disciplinary Tribunal
BETWEEN
CHRISTOPHER JAMES TENNET
Appellant
AND
WELLINGTON STANDARDS COMMITTEE 2
Respondent
Hearing: 21 August 2023 Appearances:
W C Pyke for Appellant
M Mortimer-Wang for Respondent
Judgment:
6 September 2023
JUDGMENT OF McQUEEN J
[1] On 26 October 2022, Mr Tennet (the appellant), was found guilty by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal) under the Lawyers and Conveyancers Act 2006 (the Act) of a charge of misconduct alleging wilful or reckless breach of relevant rules (the liability decision).1
[2] On 17 May 2023, the Tribunal ordered that Mr Tennet be suspended from practice as a barrister or as a solicitor for twelve months commencing at 6:00 pm on
1 Wellington Standards Committee 2 v Tennet [2022] NZLCDT 37 [Liability Decision].
TENNET v WELLINGTON STANDARDS COMMITTEE 2 [2023] NZHC 2500 [6 September 2023]
22 June 2023, pursuant to ss 242(1)(e) and 244 of the Act (the penalty decision).2 The Tribunal also ordered a period of supervision upon his return to practice, and that Mr Tennet was to:
(a)attend courses on ethics, professional behaviour and self-management;
(b)undergo counselling;
(c)pay costs to the Wellington Standards Committee 2 (the Standards Committee) of $40,798.40; and
(d)pay costs to the New Zealand Law Society for the Tribunal’s costs of
$12,182.
[3] Mr Tennet appeals against the Tribunal’s penalty decision and the determination that he pay costs, saying that he should not have been suspended at all. He accepts the Tribunal’s liability findings. Mr Tennet sought a stay of the penalty decision pending this appeal. That application was granted by Ellis J on 21 July 2023 (the stay judgment).3
[4] Broadly, Mr Tennet alleges that the Tribunal imposed an excessive and disproportionate penalty, inconsistent with other cases. Mr Tennet says that the Tribunal failed to have regard to the fact that he had no previous misconduct findings against him, that it was an isolated incident, and that he has a long history of service to the profession and public. Mr Tennet also says the costs order was unreasonable and his inability to pay should have been taken into account.
[5] The Standards Committee opposes Mr Tennet’s appeal. The Standards Committee says that in the circumstances a twelve month suspension is the least restrictive outcome available, and that the Tribunal did not err. It submits that the appeal should be dismissed, and the orders for costs upheld.
2 Wellington Standards Committee 2 v Tennet [2023] NZLCDT 20 [Penalty Decision].
3 Tennet v Wellington Standards Committee 2 [2023] NZHC 1932 [Stay Judgment].
[6] For the reasons below, I consider that the appeal should be allowed and that the period of suspension should be reduced to nine months. I uphold the orders for costs.
Factual Background
The…
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- Case
- [2023] NZHC 2500
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