Supreme Court refuses to stay barrister suspension until late January

Judges decline to extend latest stay from 30 October 2026 to 29 January 2027

Supreme Court refuses to stay barrister suspension until late January
Supreme Court of New Zealand

In a case involving a barrister and solicitor found guilty of misconduct under s 7 of the Lawyers and Conveyancers Act 2006 (LCA), the New Zealand Supreme Court declined to extend the stay of his suspension to 29 January 2027. 

The New Zealand Lawyers and Conveyancers Disciplinary Tribunal previously censured the applicant in Jindal v Auckland Standards Committee 1 [2026] NZSC 164. The tribunal imposed a six-month suspension starting on 22 May 2025 and made him pay compensation and costs. 

On 22 October 2026, the Supreme Court denied the applicant’s request for leave to appeal against decisions of the High Court and the Court of Appeal arising from the disciplinary matter against him. 

While its denial of the leave application should have ended the interim stay of the applicant’s suspension from his legal practice, the Supreme Court agreed to further stay the suspension until 6 p.m. on 30 October 2026. 

According to the Supreme Court, this stay would give the applicant the time to make the appropriate practice arrangements. 

Supreme Court denies stay request

The applicant applied to extend the stay until 6 p.m. on 29 January 2027 so that he could: 

  • Communicate with the United Nations Human Rights Committee (UNHRC) under the First Optional Protocol to the International Covenant on Civil and Political Rights 
  • Pursue urgent interim measures preserving his position until the UNHRC’s consideration of his request 

The Supreme Court declined this stay application. 

Supreme Court’s reasoning

According to the Supreme Court, it lacked jurisdiction to grant or extend a stay supporting the applicant’s proposed individual communication with the UNHRC. Even assuming it did have such jurisdiction, the Supreme Court saw no basis to exercise it. 

The Supreme Court ruled that delaying the suspension once more would seriously go against the LCA’s objective of fostering public confidence in the delivery of legal services. 

In reaching its conclusion, the Supreme Court noted that: 

  • The suspension had mostly been subject to a stay since 22 May 2025 while the courts proceeded with the applicant’s appeals and leave applications 
  • The applicant asserted that he had served 22 days of the suspension 
  • The respondent Standards Committee, which won at every stage, deserved to see the service of the penalty set by the tribunal 

Related news stories

On 24 June 2026, the Supreme Court of New Zealand granted a short further continuation of a stay of the order imposing a six-month suspension on the applicant under ss 242(1)(e) and 244 of the LCA. 

Before that, the Court of Appeal of New Zealand denied leave to appeal against a ruling of the High Court of New Zealand that affirmed the Lawyers and Conveyancers Disciplinary Tribunal’s liability and penalty decisions. 

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