Disputes Tribunal Act 1988

1:
1: This Act is the Disputes Tribunal Act 1988
2: This Act shall come into force on 1 March 1989. Section 1 heading amended 1 March 2017 section 259(1) District Court Act 2016 Section 1(1) amended 1 March 2017 section 259(2) District Court Act 2016
1A: Purpose
The purpose of this Act is to consolidate and amend the Small Claims Tribunals Act 1976. Section 1A inserted 1 March 2017 section 260 District Court Act 2016
2: Interpretation
In this Act, unless the context otherwise requires,— applicant the Tribunal the Tribunal section 24(3) or (4) section 37 authenticated section 28 section 29
a: that the acknowledgement is signed and dated; or
b: if the acknowledgement is in electronic form, that it, by the use of any electronic means, adequately identifies the person responsible for its content and the date of authentication chief executive claim
a: the Tribunal sections 10 to 11
b: proceedings have been—
i: commenced in the Tribunal section 24(1)
ii: transferred to the Tribunal section 24(3) or (4) section 37 intellectual property Patents Act 2013 Designs Act 1953 Trade Marks Act 2002 Copyright Act 1994 Plant Variety Rights Act 2022 Investigator section 41(1) the Tribunal lodge sections 50 51 lodges lodging lodged Minister prescribed Principal Disputes Referee section 6A Referee section 7 Registrar
a: the person appointed under section 4B(1)
b: a Registrar or Deputy Registrar of the District Court performing functions under this Act respondent Tribunal the Disputes Tribunal established as a division of the District Court section 4 work order as may be specified in the order writing sections 6A 6B 7 40 written record Section 2 applicant amended 1 March 2017 section 261 District Court Act 2016 Section 2 authenticated inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 Section 2 chief executive inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 Section 2 claim amended 14 November 2018 section 26(3) Tribunals Powers and Procedures Legislation Act 2018 Section 2 claim amended 1 March 2017 section 261 District Court Act 2016 Section 2 claim amended 1 March 2017 section 261 District Court Act 2016 Section 2 claim amended 1 March 2017 section 261 District Court Act 2016 Section 2 intellectual property amended 24 January 2023 section 159 Plant Variety Rights Act 2022 Section 2 intellectual property amended 13 September 2014 section 249 Patents Act 2013 Section 2 intellectual property amended 20 August 2003 section 201 Trade Marks Act 2002 Section 2 intellectual property amended 1 January 1995 section 236(1) Copyright Act 1994 Section 2 Investigator amended 1 March 2017 section 261 District Court Act 2016 Section 2 lodge inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018 Section 2 no claims bonus repealed 14 November 2018 section 26(4) Tribunals Powers and Procedures Legislation Act 2018 Section 2 Principal Disputes Referee inserted 3 July 1998 section 2 Disputes Tribunals Amendment Act 1998 Section 2 Registrar replaced 14 November 2018 section 26(5) Tribunals Powers and Procedures Legislation Act 2018 Section 2 Tribunal amended 1 March 2017 section 261 District Court Act 2016 Section 2 work order amended 14 November 2018 section 26(6) Tribunals Powers and Procedures Legislation Act 2018 Section 2 writing inserted 14 November 2018 section 26(1) Tribunals Powers and Procedures Legislation Act 2018
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 29 October 2019 section 27 Tribunals Powers and Procedures Legislation Act 2018
3: Act to bind the Crown
This Act binds the Crown.
1: Establishment of
Tribunal Part 1 heading amended 1 March 2017 section 261 District Court Act 2016
4: Disputes Tribunal is division of District Court
1: The District Court has a division known as the Disputes Tribunal.
2: Each Disputes Tribunal that is in existence immediately before this section comes into force ceases to be a division of the District Court and is constituted an office of the Tribunal. Section 4 replaced 1 March 2017 section 261 District Court Act 2016
4A: Offices of Tribunal
The Minister may from time to time, by notice in the Gazette
a: establish such offices of the Tribunal as that Minister thinks fit; and
b: disestablish an office of the Tribunal and direct how the records of that office must be dealt with. Section 4A inserted 1 March 2017 section 261 District Court Act 2016
4B: Registry of Disputes Tribunal
1: The chief executive may establish a Registry for the Disputes Tribunal and may appoint a person to be the Disputes Tribunal Registrar.
2: The office of Disputes Tribunal Registrar may be held in conjunction with any other office in the public service.
3: The functions of the Disputes Tribunal Registrar are—
a: to ensure the orderly and efficient administration of the Registry; and
b: to give directions or advice, as appropriate, to Registry staff to enhance the consistency of the Registry’s performance.
4: The Ministry of Justice must provide the resources and administrative support necessary to enable the Disputes Tribunal to perform its functions. Section 4B inserted 14 November 2018 section 28 Tribunals Powers and Procedures Legislation Act 2018
5: Exercise of Tribunal's jurisdiction
1: The jurisdiction of the Tribunal section 7
2: If the Referee hearing any proceedings in respect of a claim dies, or becomes incapacitated, or is for any other reason unable or unavailable to complete the hearing or dispose of the proceedings, they shall be heard afresh by another Referee, unless the parties agree that the proceedings be disposed of in another way. 1976 No 35 s 5 Section 5(1) amended 1 March 2017 section 261 District Court Act 2016
6: Sittings of Tribunal and rostering and training of Referees
1: A Registrar must schedule the days, times, and places for the regular sittings of the Tribunal and, when doing so, must implement any directions given under subsection (2).
2: The Principal Disputes Referee is responsible for the rostering and training of Referees and may give any directions he or she considers necessary for these purposes. Before giving any direction, the Principal Disputes Referee must consult the Chief District Court Judge.
3: If for any reason the office of Principal Disputes Referee is vacant, or if for any reason the Principal Disputes Referee is unable to perform his or her functions under subsection (2), the Chief District Court Judge must—
a: assess and fulfil the training needs of Referees; and
b: roster Referees. Section 6 replaced 14 November 2018 section 29 Tribunals Powers and Procedures Legislation Act 2018
6A: Appointment of Principal Disputes Referee
1: The Governor-General may, from time to time, by warrant under his or her hand and on the advice of the Minister of Justice, appoint a Principal Disputes Referee.
2: No person may be appointed as Principal Disputes Referee unless that person—
a: holds a Bachelor of Laws from a university in New Zealand or a qualification that the Minister considers is equivalent to such a Bachelor of Laws; and
b: is capable, because of the person's personal attributes, knowledge, and experience, of performing the functions of a Referee and the functions of the Principal Disputes Referee set out in section 6C
3: The criteria and procedures for appointment may be further prescribed by rules made under section 60
4: Subject to subsection (5), every person appointed as Principal Disputes Referee holds office for a term of up to 5 years and, subject to subsection (2), may from time to time be reappointed
5: A Principal Disputes Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, or inability, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign the office of Principal Disputes Referee by notice in writing addressed to the Minister.
6: Unless the person sooner vacates the office under subsection (5), a Principal Disputes Referee continues in office until—
a: that Principal Disputes Referee's successor comes into office; or
b: the chief executive Section 6A inserted 3 July 1998 section 3 Disputes Tribunals Amendment Act 1998 Section 6A(4) amended 14 November 2018 section 30(1) Tribunals Powers and Procedures Legislation Act 2018 Section 6A(6)﻿(b) amended 14 November 2018 section 30(2) Tribunals Powers and Procedures Legislation Act 2018
6B: Acting Principal Disputes Referee
1: Whenever, by reason of illness, absence from New Zealand, or any other cause, the Principal Disputes Referee is prevented from exercising the functions and powers of his or her office, the Governor-General may, by writing under his or her hand, appoint any other Referee to act as Principal Disputes Referee until the Principal Disputes Referee resumes his or her duties.
2: While a person acts as Principal Disputes Referee, the person may execute the duties of that office and may exercise all the functions and powers that may be lawfully exercised by the Principal Disputes Referee. Section 6B inserted 3 July 1998 section 3 Disputes Tribunals Amendment Act 1998
6C: Functions and powers of Principal Disputes Referee
1: The functions of the Principal Disputes Referee are—
a: to undertake appropriate measures to ensure that the integrity of the office of Referee under this Act is maintained:
ab: to make any arrangements that are practicable to ensure that the Principal Disputes Referee and each Referee perform their functions—
i: in an orderly and efficient manner; and
ii: in a way that achieves the purposes of this Act:
b: to oversee and maintain the integrity of the selection process for Referees:
c: to oversee the administrative performance of the Tribunal
d: to give legal advice to Referees, as appropriate, to enhance the consistency of decision making:
e: to advise the Chief District Court Judge on the assessment and fulfilment of the training needs of Referees:
f: to advise the Chief District Court Judge on the rostering of Referees:
g: to liaise, where appropriate, with interested persons on matters affecting the Referees or Tribunal proceedings:
h: to liaise, where appropriate, with Referees:
ha: to issue practice notes as he or she thinks fit, but that are not inconsistent with this Act or any regulations made under it; for the guidance of other Disputes Tribunal Referees, officers of the Tribunal, and parties before the Tribunal:
i: to carry out such other functions as are conferred on the Principal Disputes Referee by rules made under section 60
2: Without limiting the generality of subsection (1), the Principal Disputes Referee may sit as a Referee and exercise the jurisdiction conferred on a Referee by this Act.
3: The Principal Disputes Referee also has such other powers as are necessary or expedient to enable the Principal Disputes Referee to perform his or her functions and duties. Section 6C inserted 3 July 1998 section 3 Disputes Tribunals Amendment Act 1998 Section 6C(1)﻿(a) replaced 14 November 2018 section 31(1) Tribunals Powers and Procedures Legislation Act 2018 Section 6C(1)﻿(ab) inserted 14 November 2018 section 31(1) Tribunals Powers and Procedures Legislation Act 2018 Section 6C(1)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 6C(1)﻿(ha) inserted 14 November 2018 section 31(2) Tribunals Powers and Procedures Legislation Act 2018
6D: Delegation by Principal Disputes Referee
1: The Principal Disputes Referee may delegate any of his or her functions, duties, and powers to a Referee who holds the qualifications set out in section 6A(2)
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Principal Disputes Referee.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 9 Section 6D inserted 29 October 2019 section 32 Tribunals Powers and Procedures Legislation Act 2018 Section 6D(5) amended 1 December 2022 section 6 Remuneration Authority Legislation Act 2022
7: Appointment of Referees
1: The Governor-General may, from time to time, by warrant under the Governor-General's hand, appoint qualified persons to be Referees for the purposes of this Act.
2: A person is qualified to be appointed as a Referee only if that person—
a: holds a relevant qualification (for example, a qualification in law, mediation, or arbitration) or has had relevant training; and
b: has the personal attributes, knowledge, and experience so as to be capable of performing the functions of a Referee; and
c: has been recommended for appointment under section 8
3: Subject to subsection (4), every person appointed as a Referee shall hold office for a term not exceeding 5 years
4: A Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, inability,
5: A Referee may—
a: hold any other office; and
b: engage in any other employment or calling— that, in the opinion of the Governor-General, will not impair the proper discharge of the functions of a Referee.
6: Notwithstanding anything in subsection (3), every Referee shall, unless that Referee sooner vacates office under subsection (4), continue in office until—
a: that Referee's successor comes into office; or
b: the chief executive
7: A Referee who continues in office for any period under subsection (6), unless he or she was removed from office, may act as a Referee during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Referee before the expiry of his or her term of office:
b: hearing any other proceedings.
8: A Referee who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. 1976 No 35 s 7 Section 7(2) replaced 29 October 2019 section 33(1) Tribunals Powers and Procedures Legislation Act 2018 Section 7(3) amended 5 December 2013 section 4 Disputes Tribunals Amendment Act 2013 Section 7(4) amended 3 July 1998 section 4 Disputes Tribunals Amendment Act 1998 Section 7(6)﻿(b) amended 14 November 2018 section 33(2) Tribunals Powers and Procedures Legislation Act 2018 Section 7(7) inserted 14 November 2018 section 33(3) Tribunals Powers and Procedures Legislation Act 2018 Section 7(8) inserted 14 November 2018 section 33(3) Tribunals Powers and Procedures Legislation Act 2018
8: Selection of candidates for appointment or reappointment as Referees
1: Where it is proposed to make an appointment or reappointment under section 7 the chief executive
a: by notice publicised in the area served or to be served by the Tribunal in respect of which the appointment or reappointment is proposed to be made, invite members of the public to submit to the chief executive
b: appoint an assessment panel for the purpose of assessing the candidates for appointment or reappointment as Referees.
2: Every assessment panel appointed under subsection (1)﻿(b) shall consist of—
a: the Disputes Tribunal Registrar or a Registrar of the District Court
b: the Principal Disputes Referee or a Referee nominated by him or her; and
c: not more than 2 other persons, who shall be appointed to the panel by the chief executive
3: Every assessment panel appointed under subsection (1)﻿(b) shall, in accordance with the criteria and procedures prescribed in rules made under this Act, assess the candidates for the appointment or reappointment in respect of which that panel was appointed, and shall—
a: advise the Minister of the name of the person that it recommends for appointment or reappointment as a Referee; or
b: advise the Minister that it makes no recommendation for appointment or reappointment in that particular case. Section 8(1) amended 14 November 2018 section 34(1) Tribunals Powers and Procedures Legislation Act 2018 Section 8(1)﻿(a) amended 14 November 2018 section 34(1) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)﻿(a) amended 14 November 2018 section 34(2) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 8(2)﻿(b) replaced 14 November 2018 section 34(3) Tribunals Powers and Procedures Legislation Act 2018 Section 8(2)﻿(c) amended 14 November 2018 section 34(1) Tribunals Powers and Procedures Legislation Act 2018
8A: Salary and allowances of Principal Disputes Referee
Section 8A repealed 1 December 2022 section 7 Remuneration Authority Legislation Act 2022
9: Remuneration of Principal Disputes Referee and Referees
1: The Principal Disputes Referee and each Referee—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)﻿(a).
3: For the purposes of subsection (1)﻿(b), the Fees and Travelling Allowances Act 1951 section 2 Section 9 replaced 1 December 2022 section 8 Remuneration Authority Legislation Act 2022
2: Jurisdiction, functions, and orders of
Tribunal Part 2 heading amended 1 March 2017 section 261 District Court Act 2016
10: Jurisdiction of
Tribunal
1: Subject to this section and to section 11 the Tribunal
a: a claim founded on contract or quasi-contract; and
b: a claim for a declaration that a person is not liable to another person in respect of a claim or demand, founded on contract or quasi-contract, made against that person by that other person; and
c: a claim in tort in respect of—
i: the destruction or loss of any property:
ii: any damage or injury to any property:
iii: the recovery of any property.
1A: The Tribunal Part 1
a: the occasion for the exercise of the power arises in the course of proceedings properly before the Tribunal; and
b: the total amount sought in the proceedings does not exceed $30,000.
2: The Tribunal Part 2
3: For the purposes of subsection (1), the Tribunal $30,000
a: where a claim is made for the recovery of property, the value of that property; and
b: where a claim is made for a work order, the value of the work sought to be included in the order.
4: If it is necessary for the purposes of this Act to ascertain the value of any property or work or to resolve any dispute as to such value (whether for the purposes of subsection (3) or otherwise), that value shall be determined by the Tribunal in such manner as it thinks fit, and the Tribunal may, for that purpose, appoint an Investigator to report to it under section 41
5: The Limitation Act 2010 1976 No 35 s 9 1985 No 38 s 2 Section 10 heading amended 1 March 2017 section 261 District Court Act 2016 Section 10(1) amended 29 October 2019 section 35(1) Tribunals Powers and Procedures Legislation Act 2018 Section 10(1) amended 1 March 2017 section 261 District Court Act 2016 Section 10(1A) inserted 19 December 2002 section 3(1) Disputes Tribunals Amendment Act 2002 Section 10(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 10(1A)﻿(b) replaced 29 October 2019 section 35(2) Tribunals Powers and Procedures Legislation Act 2018 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(2) amended 19 December 2002 section 3(2) Disputes Tribunals Amendment Act 2002 Section 10(3) amended 29 October 2019 section 35(3)﻿(a) Tribunals Powers and Procedures Legislation Act 2018 Section 10(3) amended 29 October 2019 section 35(3)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016 Section 10(5) substituted 1 January 2011 section 58 Limitation Act 2010
11: Further limitations on jurisdiction
1: A debt or liquidated demand may be the subject of a declaration under section 10(1)﻿(b)
a: the applicant satisfies a Registrar
b: the applicant either—
i: satisfies a Registrar the Tribunal
ii: not having lodged or attempted to lodge the claim pursuant to subparagraph (i), satisfies the Tribunal at a hearing— that the claim is in the nature of a counterclaim by a respondent against an applicant; or
c: the claim is transferred to the Tribunal section 37
2: Notwithstanding subsection (1), the Tribunal
a: where a respondent raises a debt or liquidated demand as a defence by way of set-off, give effect to that defence:
b: where it dismisses a claim for a declaration under section 10(1)﻿(b) section 19(1)﻿(a)
3: Subject to subsection (4), no claim shall be heard and determined under this Act in respect of the destruction or loss of any property, or any damage or injury to any property, where any offender has been sentenced, under section 32
4: Nothing in subsection (3) shall apply in respect of any claim under this Act to recover any damages in excess of the amount ordered to be paid to the applicant under any sentence of reparation.
5: Except as provided in an enactment referred to in section 10(1A) or (2) the Tribunal
a: for the recovery of land or any estate or interest in any land:
b: in which the title to any land, or any estate or interest in any land, or to any franchise is in question:
c: in which there is a dispute concerning—
i: the entitlement of any person under a will, or settlement, or on any intestacy (including a partial intestacy); or
ii: goodwill; or
iii: any chose in action; or
iv: any trade secret or other intellectual property.
6: In subsection (5) land
7: Without limiting section 10(1A) or (2) the Tribunal
8: In subsection (7) enactment any secondary legislation
9: The Tribunal 1976 No 35 s 10 1985 No 38 s 3 Section 11(1)﻿(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 11(1)﻿(b)﻿(i) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 11(1)﻿(b)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 11(1)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 11(2) amended 1 March 2017 section 261 District Court Act 2016 Section 11(3) amended 30 June 2002 section 186 Sentencing Act 2002 Section 11(5) amended 1 March 2017 section 261 District Court Act 2016 Section 11(5) amended 19 December 2002 section 4(1) Disputes Tribunals Amendment Act 2002 Section 11(7) amended 1 March 2017 section 261 District Court Act 2016 Section 11(7) amended 19 December 2002 section 4(2) Disputes Tribunals Amendment Act 2002 Section 11(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(9) amended 1 March 2017 section 261 District Court Act 2016
12: Recovery of consequential loss
Section 12 repealed 29 October 2019 section 36 Tribunals Powers and Procedures Legislation Act 2018
13: Extension of jurisdiction by agreement between the parties
Section 13 repealed 29 October 2019 section 37 Tribunals Powers and Procedures Legislation Act 2018
14: Abandonment to bring claim within jurisdiction
A person may abandon so much of a claim as exceeds $30,000 the Tribunal section 18(3)
a: who is a party to that agreed settlement; or
b: against whom the claim and the subsequent order are made. 1976 No 35 s 11 Section 14 amended 29 October 2019 section 38 Tribunals Powers and Procedures Legislation Act 2018 Section 14 amended 1 March 2017 section 261 District Court Act 2016
15: Cause of action not to be divided
A cause of action shall not be divided into 2 or more claims for the purpose of bringing it within the jurisdiction of the Tribunal 1976 No 35 s 12 Section 15 amended 1 March 2017 section 261 District Court Act 2016
16: Contracting out prohibited
1: A provision in any agreement (including one made before the commencement of this Act) to exclude or limit—
a: the jurisdiction of the Tribunal
b: the right of any person to invoke that jurisdiction— shall be of no effect.
2: Without limiting the generality of subsection (1), the Tribunal
a: the submission to arbitration of any dispute or difference; or
b: the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to the agreement.
3: Subsection (1) does not apply where a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the claim based on that cause of action.
4: Despite subsection (2), the Tribunal section 11(1) 1976 No 35 s 13 Section 16(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 16(2) amended 1 March 2017 section 261 District Court Act 2016 Section 16(4) added 18 October 2007 section 11 Arbitration Amendment Act 2007 Section 16(4) amended 1 March 2017 section 261 District Court Act 2016
17: Exclusion of other jurisdictions
1: Where a claim is lodged with the Tribunal the Tribunal section 24(3) or (4) section 37
a: any order is made under section 34(1)﻿(e) section 36 section 53(1)﻿(b)
b: the proceedings before that other court or tribunal were commenced before the claim was lodged with or transferred to the Tribunal; or
c: the claim before the Tribunal is withdrawn, abandoned, or struck out.
2: Where subsection (1)﻿(b) applies to proceedings before another court or tribunal, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties in the Tribunal the Tribunal section 37 1976 No 35 s 14 Section 17(1) amended 1 March 2017 section 261 District Court Act 2016 Section 17(2) amended 1 March 2017 section 261 District Court Act 2016
18: Functions of Tribunal
1: The Tribunal shall, as regards every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the claim.
2: Without limiting the generality of subsection (1), in making an assessment under that subsection, the Tribunal shall have regard to any factors that, in the Tribunal's opinion, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.
3: Where the parties reach an agreed settlement, the Tribunal may approve the settlement, and the settlement shall then take effect as if it were an order of the Tribunal made under subsection (8), and shall be enforceable in accordance with section 47
4: In approving an agreed settlement pursuant to subsection (3), the Tribunal is not bound by the monetary restrictions in section 19(4) to (6)
4A: An agreed settlement approved by the Tribunal under subsection (3) may include the terms of any agreement between the parties for payment of any amount specified in the agreed settlement to be enforced by way of an attachment order made under the District Court Act 2016
4B: If subsection (4A) applies, then section 19(1A) to (1C)
5: Where—
a: it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the claim; or
b: the parties are unable to reach an agreed settlement in relation to the claim; or
c: the Tribunal does not approve an agreed settlement reached by the parties in relation to the claim,— the Tribunal shall proceed to determine the dispute.
6: The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.
7: Without limiting the generality of subsection (6), the Tribunal
a: conditions, warranties, or undertakings; or
b: any right, duty, liability, or remedy that would arise or accrue in the circumstances of the dispute if there were no such exclusion or limitation.
8: To give effect to its determination of the dispute under subsection (5), or in granting relief in respect of any claim that is not disputed (except where subsection (3) applies), the Tribunal shall make 1 or more of the orders that it is empowered to make under section 19 1976 No 35 s 15 Section 18(4) amended 29 October 2019 section 39 Tribunals Powers and Procedures Legislation Act 2018 Section 18(4A) inserted 14 April 2014 section 4 Disputes Tribunals Amendment Act 2011 Section 18(4A) amended 1 March 2017 section 261 District Court Act 2016 Section 18(4B) inserted 14 April 2014 section 4 Disputes Tribunals Amendment Act 2011 Section 18(7) amended 1 March 2017 section 261 District Court Act 2016
19: Orders of Tribunal
1: The Tribunal
a: the Tribunal may order a party to the proceedings to pay money to any other party:
b: the Tribunal may make an order declaring that a person is not liable to another in respect of a claim or demand described in section 10(1)﻿(b)
c: the Tribunal may order a party to deliver specific property to another party to the proceedings:
d: the Tribunal may make a work order against any party to the proceedings:
e: where it appears to the Tribunal that an agreement between the parties, or any term of any such agreement, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, the Tribunal may make an order varying the agreement, or setting it aside (either wholly or in part):
f: where it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or any writing purporting to express the agreement between the parties does not accord with their true agreement, the Tribunal may make an order varying, or setting aside, the agreement or the writing (either wholly or in part):
g: the Tribunal may make an order dismissing the claim:
h: the Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
i: discloses no reasonable cause of action; or
ii: is likely to cause prejudice or delay; or
iii: is frivolous or vexatious; or
iv: is otherwise an abuse of process:
i: if a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
i: if the party is required to be present, strike out the proceeding; or
ii: determine the proceeding in the absence of the party; or
iii: adjourn the hearing.
1A: The Tribunal may record in an order made under subsection (1)﻿(a) (a money order the District Court Act 2016
a: the money order was made at a hearing at which both parties were present; and
b: the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and
c: both parties agreed on the terms of the attachment order, including the details specified in subsection (1B).
1B: If subsection (1A) applies, the money order must include the following details:
a: the employer to whom the attachment order will relate; and
b: whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period
c: the amount or percentage to be deducted from salary or wages for the earnings period; and
d: the amount or percentage below which the net amount paid for the earnings period must not fall; and
e: the name and address of the person to whom the amounts deducted are to be paid; and
f: that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period.
1C: Nothing in subsection (1B)﻿(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3)
1D: If subsection (1B) is complied with, the money order may be filed in the District Court and, if so filed, sections 139(2) 154 to 162
1E: In this section, employer salary or wages section 154
2: Any order made by the Tribunal
3: Where the Tribunal section 18(8) section 46(2)
4: Subject to section 20 the Tribunal
5: The monetary restrictions that apply
a: an order under subsection (1)﻿(a) or under section 47(3)﻿(b) $30,000
b: a declaration under subsection (1)﻿(b) shall not relate to a claim or demand exceeding $30,000
c: an order under subsection (1)﻿(c) shall not relate to any property exceeding $30,000
d: the work to be done or matters to be attended to under a work order shall not exceed $30,000
e: an order under paragraph (e) or paragraph (f) of subsection (1) shall not be made in respect of an agreement if the total amount in respect of which an order of the Tribunal is sought exceeds $30,000
6: Except as provided in subsection (3), the Tribunal $30,000
7:
8: Nothing in subsection (1) shall restrict the making by the Tribunal 1976 No 35 s 16 1985 No 38 s 2 Section 19(1) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1)﻿(h) inserted 14 November 2018 section 40(1) Tribunals Powers and Procedures Legislation Act 2018 Section 19(1)﻿(i) inserted 14 November 2018 section 40(1) Tribunals Powers and Procedures Legislation Act 2018 Section 19(1A) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1B) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1C) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1C) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1D) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1D) amended 1 March 2017 section 261 District Court Act 2016 Section 19(1E) inserted 14 April 2014 section 5 Disputes Tribunals Amendment Act 2011 Section 19(1E) amended 1 March 2017 section 261 District Court Act 2016 Section 19(2) amended 1 March 2017 section 261 District Court Act 2016 Section 19(3) amended 1 March 2017 section 261 District Court Act 2016 Section 19(4) amended 1 March 2017 section 261 District Court Act 2016 Section 19(5) amended 29 October 2019 section 40(2)﻿(a) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)﻿(a) amended 29 October 2019 section 40(2)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)﻿(b) amended 29 October 2019 section 40(2)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)﻿(c) amended 29 October 2019 section 40(2)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)﻿(d) amended 29 October 2019 section 40(2)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(5)﻿(e) amended 29 October 2019 section 40(2)﻿(b) Tribunals Powers and Procedures Legislation Act 2018 Section 19(6) amended 29 October 2019 section 40(3) Tribunals Powers and Procedures Legislation Act 2018 Section 19(6) amended 29 October 2019 section 40(4) Tribunals Powers and Procedures Legislation Act 2018 Section 19(6) amended 1 March 2017 section 261 District Court Act 2016 Section 19(7) repealed 29 October 2019 section 40(5) Tribunals Powers and Procedures Legislation Act 2018 Section 19(8) amended 1 March 2017 section 261 District Court Act 2016
20: Power of Tribunal to award interest
1: Subject to subsection (2), where the Tribunal section 19(1)﻿(a) section 47(3)﻿(b) interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2
2: Subsection (1) does not—
a:
b: apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise.
3: Where the Tribunal section 19(1)﻿(a) interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2
4: The monetary restrictions provided for by section 10(1A) and (3) and section 19(4) to (6)
5: 1947 No 16 s 62B s 4 Section 20(1) amended 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 20(1) amended 1 March 2017 section 261 District Court Act 2016 Section 20(2)﻿(a) repealed 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 20(3) amended 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 20(3) amended 1 March 2017 section 261 District Court Act 2016 Section 20(4) amended 29 October 2019 section 41 Tribunals Powers and Procedures Legislation Act 2018 Section 20(4) amended 19 December 2002 section 6 Disputes Tribunals Amendment Act 2002 Section 20(5) repealed 1 January 2018 section 29 Interest on Money Claims Act 2016
20A: Suppression orders
1: The Tribunal may order that any part of any evidence given or the name of any witness not be published.
2: An order may be made subject to any conditions that the Tribunal considers appropriate.
3: A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000. Section 20A inserted 14 November 2018 section 42 Tribunals Powers and Procedures Legislation Act 2018
21: Reasons for decisions
1: A Referee must give reasons for his or her final decision in every proceeding.
2: If a final decision is given orally at the end of a hearing, that decision must be recorded in writing and the reasons for that decision must be included in the written decision.
3: The Tribunal must provide a copy of a final decision, including the written record of an oral decision, to the parties.
4: In this section, final decision Section 21 replaced 14 November 2018 section 43 Tribunals Powers and Procedures Legislation Act 2018
22: Orders and approved settlements to be recorded in writing
1: The Tribunal
a: every agreed settlement approved by it under section 18(3)
b: every order made by it under section 18(8) section 34(1) section 46(2) section 47(3)﻿(b)
c: every variation of a term of an agreed settlement under section 47(3)﻿(a)
2: The Tribunal shall, at the conclusion of the hearing, provide every party to the proceedings who is present at the hearing with a copy of every record made under subsection (1) in those proceedings.
3: A Registrar Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
23: Decisions of Tribunal to be final
Every agreed settlement approved by the Tribunal section 18(3) the Tribunal section 46(2) section 47(3)﻿(b) section 50 1976 No 35 s 17 Section 23 amended 1 March 2017 section 261 District Court Act 2016
3: Proceedings of
Tribunal Part 3 heading amended 1 March 2017 section 261 District Court Act 2016 Claims
24: Lodging of claims
1: Proceedings are commenced by the applicant lodging a claim in a form approved by the chief executive after consultation with the Principal Disputes Referee, together with the prescribed fee (if any), with any office of the Tribunal.
2: The Tribunal or a Registrar may, subject to subsections (3) and (4), order that the hearing be held at the place nearest, or at any place near, to where the applicant resides or carries on business.
3: Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37
4: Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37 a Registrar 1976 No 35 s 18 Section 24(1) replaced 29 October 2019 section 44 Tribunals Powers and Procedures Legislation Act 2018 Section 24(2) replaced 29 October 2019 section 44 Tribunals Powers and Procedures Legislation Act 2018 Section 24(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 24(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 24(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
25: Notice of claim and of hearing
1: When a claim is lodged in accordance with section 24 a Registrar
a: fix a time and place of hearing and give notice of those details in a form approved by the chief executive after consultation with the Principal Disputes Referee
b: as soon as is reasonably practicable, give notice of the claim and of the time and place of hearing in a form approved by the chief executive after consultation with the Principal Disputes Referee
i: the respondent; and
ii: every other person who appears to the Registrar to have a sufficient connection with the proceedings on the claim in the capacity of an applicant or a respondent.
2: Where the Tribunal direct a Registrar
3: For the purposes of this section, a person has a sufficient connection with the proceedings on a claim if that person's presence as an applicant or a respondent is necessary to enable the Tribunal to effectually and completely determine the questions in dispute in the claim or to grant the relief that it considers to be due.
4: Where a claim to which section 11(1)﻿(b)﻿(ii) section 24(2) 1976 No 35 s 19 Section 25(1) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 25(1)﻿(a) amended 29 October 2019 section 45(1) Tribunals Powers and Procedures Legislation Act 2018 Section 25(1)﻿(b) amended 29 October 2019 section 45(1) Tribunals Powers and Procedures Legislation Act 2018 Section 25(2) amended 29 October 2019 section 45(2) Tribunals Powers and Procedures Legislation Act 2018 Section 25(2) amended 1 March 2017 section 261 District Court Act 2016
26: Parties
1: Subject to subsection (2), the applicant, the respondent, and every person to whom notice of a claim has been given under section 25(1)﻿(b)﻿(ii)
2: The Tribunal 1976 No 35 s 20 Section 26(2) amended 1 March 2017 section 261 District Court Act 2016
27: Minors
1: Subject to this section, a minor may be a party to, and shall be bound by, proceedings in the Tribunal
2: Where a minor who has not attained the age of 18 years is a party to any proceedings in the Tribunal
a: at any time appoint to represent the minor a person who is willing to do so and who is not disqualified by section 38(7)
b: when approving a representative under section 38(3)
3: A person empowered by or under this section to control the conduct of the case of a minor may do all such things in the proceedings as that person could do if that person were a party to the proceedings in place of that minor.
4: Nothing in this section shall restrict the application of sections 103 to 110
a: any settlement agreed to by, or on behalf of, a minor; or
b: any payment made or proposed to be made by, or on behalf of, or to, or for the benefit of, a minor— after proceedings have been commenced in the Tribunal
5: In this section proceedings in the Tribunal
a: proceedings in the Tribunal the Tribunal
b: a settlement agreed to in the course of proceedings referred to in paragraph (a):
c: proceedings under section 45(1) section 47(1) and includes any order made in proceedings as so defined. 1976 No 35 s 24 Section 27(1) amended 1 March 2017 section 261 District Court Act 2016 Section 27(2) amended 1 March 2017 section 261 District Court Act 2016 Section 27(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 27(4) amended 1 March 2017 section 261 District Court Act 2016 Section 27(5) amended 1 March 2017 section 261 District Court Act 2016 Section 27(5)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Special provisions relating to claims where applicant or respondent insured
28: Claims for relief where applicant insured
1: This section applies to any claim for relief made by an applicant who has been, or is entitled to be, or seeks to be, indemnified (whether in whole or in part) by an insurer (in this section and in sections 29 to 34
2: Where, in any proceedings lodged in the Tribunal the Tribunal section 24(3) or (4) section 37 a Registrar
3: Subject to sections 25(4) 29(3) the Tribunal
4: Where, pursuant to subsection (3), an insurer receives notice of any proceedings before the Tribunal
5: Where—
a: any claim for relief to which this section applies is made in any proceedings before the Tribunal
b: the applicant's insurer has not received notice of those proceedings pursuant to subsection (3); and
c: an acknowledgement signed or authenticated section 29(1) the Tribunal or a Registrar shall, on the application of the applicant's insurer, order that that insurer be joined as a party to the proceedings. Section 28(2) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 28(2) amended 1 March 2017 section 261 District Court Act 2016 Section 28(3) amended 1 March 2017 section 261 District Court Act 2016 Section 28(4) amended 1 March 2017 section 261 District Court Act 2016 Section 28(5)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 28(5)﻿(c) amended 14 November 2018 section 46 Tribunals Powers and Procedures Legislation Act 2018
29: Insurer may waive notice of proceedings
1: Where, in any proceedings lodged in the Tribunal the Tribunal section 24(3) or (4) section 37 section 28 section 25
2: Every acknowledgement lodged under subsection (1) must be in a form approved by the chief executive after consultation with the Principal Disputes Referee, and must be signed or authenticated by both the applicant and the applicant’s insurer.
3: Where, in any proceedings before the Tribunal
a: notwithstanding anything in section 28(3) a Registrar
b: that insurer shall be deemed, for the purposes of this Act, to be a party to those proceedings. Section 29(1) amended 1 March 2017 section 261 District Court Act 2016 Section 29(2) replaced 29 October 2019 section 47 Tribunals Powers and Procedures Legislation Act 2018 Section 29(3) amended 1 March 2017 section 261 District Court Act 2016 Section 29(3)﻿(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
30: Insurer may abandon rights of subrogation
1: In any acknowledgement lodged with the Tribunal section 29(1)
2: Where, pursuant to subsection (1), an insurer abandons its rights of subrogation in respect of a specified sum,—
a: the applicant shall be deemed to have abandoned so much of the applicant's claim as is equal to that specified sum; and
b: the approval of an agreed settlement under section 18(3)
i: the applicant, so far as the applicant might otherwise be liable to the applicant's insurer for that amount; and
ii: any other person who is a party to that agreed settlement, or against whom the claim and the subsequent order are made, as the case may require. Section 30(1) amended 1 March 2017 section 261 District Court Act 2016
31: Applicant entitled to control conduct of case
Where, in any proceedings before the Tribunal section 28 section 27 sections 32 to 34 section 29(3) Section 31 heading replaced 14 November 2018 section 48 Tribunals Powers and Procedures Legislation Act 2018 Section 31 amended 1 March 2017 section 261 District Court Act 2016
32: Insurer may prove amount of loss
Notwithstanding anything in section 31 the Tribunal
a: a claim for relief to which section 28
b: the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) section 29(3) the applicant's insurer shall, subject to this Act, be entitled—
c: to prove, as part of the applicant's claim, any amount, or part of any amount, paid by the insurer to or for the benefit of the applicant as an indemnity for any loss arising out of the cause of action that is the subject of the claim:
d: to apply to the Tribunal for an order that the amount specified in the claim for relief be increased to include the amount to which paragraph (c) applies, where the claim for relief does not include that amount, and the Tribunal shall make such an order. Section 32 amended 1 March 2017 section 261 District Court Act 2016
33: Applicant to have priority in respect of uninsured loss
1: Where, in any proceedings before the Tribunal
a: a claim for relief to which section 28
b: the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) section 29(3)
c: the Tribunal makes an order under section 19(1)﻿(a) the Tribunal, where the evidence before it enables it to do so, shall indicate in that order what part of that amount relates to loss for which the applicant has not been indemnified by the applicant's insurer.
2: Where, in any order made under section 19(1)﻿(a) the Tribunal
a: that part of that amount shall be paid to the applicant, who shall not be required to account for it to the applicant's insurer; and
b: the applicant's insurer shall not be entitled to any payment under that order unless paragraph (a) has been complied with. Section 33(1) amended 1 March 2017 section 261 District Court Act 2016 Section 33(2) amended 1 March 2017 section 261 District Court Act 2016
34: Insurer may apply for claim to be struck out
1: Where, in any proceedings before the Tribunal
a: a claim for relief to which section 28
b: the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) section 29(3)
c: the claim would not be within the jurisdiction of the Tribunal if the amount sought to be proved by the applicant's insurer under section 32(c) the Tribunal may,—
d: on the application of the applicant's insurer, strike out the claim; or
e: if the parties so agree, order that the proceedings be transferred to the District Court
2: In striking out a claim pursuant to subsection (1), or in ordering the transfer of a claim pursuant to that subsection, the Tribunal may require the applicant's insurer to give a written undertaking that—
a: the insurer will, with due diligence and expedition, commence, and (except where the proceedings are settled) prosecute to trial and judgment, proceedings in an appropriate court to recover all recoverable losses of the applicant (including all losses for which the insurer is not liable to indemnify the applicant)—
i: arising out of the cause of action on which the claim that is struck out or transferred is based; and
ii: that were sought to be recovered in that claim; and
b: the insurer will not settle any proceedings commenced in accordance with the requirements of paragraph (a) unless that settlement makes provision for the payment, to the applicant, of an amount equal to all losses of the applicant—
i: that arose out of the cause of action on which the claim that is struck out or transferred is based; and
ii: that were sought to be recovered in that claim; and
iii: that would have been recoverable in the proceedings that are settled; and
iv: for which the insurer is not liable to indemnify the applicant; and
c: before retaining any amount awarded in any judgment entered in any proceedings commenced in accordance with the requirements of paragraph (a), or any payment made pursuant to any settlement of those proceedings, the insurer will pay to the applicant an amount equal to all losses of the applicant that are recovered in those proceedings, or provided for in any settlement of those proceedings, and for which the insurer is not liable to indemnify the applicant.
3: An undertaking given by an insurer pursuant to subsection (2) is binding on the insurer, and is deemed to be a contract between the insurer and the applicant.
4: Any provision in any agreement (including one made before the commencement of this Act) that is inconsistent with any provision of this section or of sections 28 to 33 Section 34(1) amended 1 March 2017 section 261 District Court Act 2016 Section 34(1)﻿(e) amended 1 March 2017 section 261 District Court Act 2016
35: Insured respondent to notify insurer
1: This section applies to any claim lodged in the Tribunal the Tribunal section 24(3) or (4) section 37
2: Where any respondent receives notice of a claim to which this section applies, the respondent shall, as soon as practicable after receiving such notice, notify the respondent's insurer of that claim.
3: At the commencement of a hearing of a claim, the Tribunal shall ascertain whether the claim is a claim to which this section applies, and if so, whether the respondent has notified the respondent's insurer of that claim.
4: Where, pursuant to subsection (3), the Tribunal ascertains that the respondent has not notified the respondent's insurer of the claim, the Tribunal may adjourn the proceedings, and upon such adjournment a Registrar
5: Where a claim is made in the course of any proceedings before the Tribunal a Registrar
6: Where a claim to which this section applies is made in any proceedings before the Tribunal Section 35(1) amended 1 March 2017 section 261 District Court Act 2016 Section 35(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 35(5) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 35(5) amended 1 March 2017 section 261 District Court Act 2016 Section 35(6) amended 1 March 2017 section 261 District Court Act 2016 Transfer of proceedings
36: Transfer of proceedings to District Court, etc
1: Where any proceedings have been commenced in, or transferred under section 24(3) or (4) section 37 the Tribunal the District Court
2: Where any proceedings have been commenced in, or transferred under section 24(3) or (4) section 37 an office of the Tribunal section 28(4) or (5) section 29(3) section 35(6) the District Court the District Court
3: The Tribunal may order that proceedings commenced in, or transferred to, the Tribunal may be transferred to a Motor Vehicle Disputes Tribunal specified by it if the proceedings—
a: are within the jurisdiction of a Motor Vehicle Disputes Tribunal constituted under section 82
b: would, in the opinion of the Tribunal, more properly be determined by a Motor Vehicle Disputes Tribunal.
4: Any order made by the Tribunal
5: The Tribunal shall not make an order under subsection (1) or subsection (2) in respect of a claim if any agreement of a kind described in section 16(2) 1976 No 35 s 22 Section 36(1) amended 1 March 2017 section 261 District Court Act 2016 Section 36(2) amended 1 March 2017 section 261 District Court Act 2016 Section 36(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 36(4) substituted 15 December 2003 section 145 Motor Vehicle Sales Act 2003 Section 36(4) amended 1 March 2017 section 261 District Court Act 2016
37: Transfer of proceedings from District Court, etc
1: Where proceedings within the jurisdiction of the Tribunal in the District Court the Tribunal the Tribunal the Tribunal
2: Where proceedings within the jurisdiction of the Tribunal the Tribunal the Tribunal the Tribunal
3: The Tribunal 1976 No 35 s 23 Section 37(1) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2) amended 1 March 2017 section 261 District Court Act 2016 Section 37(3) amended 1 March 2017 section 261 District Court Act 2016 Hearings
38: Right to appear at hearings
1: At the hearing of a claim every party shall be entitled to attend and be heard.
2: Subject to subsections (3) and (3A)
3: The following parties may be represented by a representative who is approved by the Tribunal:
a: the Crown, if the representative is an officer or employee of the Crown:
b: a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds directly or indirectly, at least a 50% interest in it
c: a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons:
d: a minor, or other person under disability:
e: any other person, if the Tribunal is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately.
3A: If an insurer is a party, it may, subject to subsection (3B), be represented by any agent who—
a: has been engaged by the insurer solely or principally as an underwriter or to administer insurance claims; and
b: is authorised for the purpose by the insurer; and
c: is approved by the Tribunal.
3B: For the purposes of subsection (3A), if the agent approved by the Tribunal is not an individual (for example a body corporate), an employee, officer, or member of the agent may carry out the duties of the agent under that subsection, but only if the individual concerned is also approved by the Tribunal.
4: Where a representative of a party is proposed for the Tribunal's
5: The Tribunal
6: No person approved by the Tribunal
7: The Tribunal
a: appoint under section 27(2)﻿(a)
b: approve as a representative under subsections (2), (3), or (3A)
c: approve under subsection (5)— any person who is, or has been, enrolled as a barrister and solicitor, or who, in the opinion of the Tribunal, is, or has been, regularly engaged in advocacy work before other tribunals; but this prohibition does not apply where—
d: the person proposed for approval under subsection (3) or (3A)
e: the party seeking to be represented is a company and the person proposed for approval under subsection (3) or (3A)
8: Where the Tribunal section 27(2)﻿(a) subsection (2), (3), (3A), or (5) 1976 No 35 s 24; 1986 No 120 s 93 Section 38(2) amended 14 November 2018 section 49(1) Tribunals Powers and Procedures Legislation Act 2018 Section 38(3)﻿(b) amended 14 November 2018 section 49(2) Tribunals Powers and Procedures Legislation Act 2018 Section 38(3A) inserted 14 November 2018 section 49(3) Tribunals Powers and Procedures Legislation Act 2018 Section 38(3B) inserted 14 November 2018 section 49(3) Tribunals Powers and Procedures Legislation Act 2018 Section 38(4) amended 1 March 2017 section 261 District Court Act 2016 Section 38(5) amended 1 March 2017 section 261 District Court Act 2016 Section 38(6) amended 1 March 2017 section 261 District Court Act 2016 Section 38(7) amended 1 March 2017 section 261 District Court Act 2016 Section 38(7)﻿(b) amended 14 November 2018 section 49(4) Tribunals Powers and Procedures Legislation Act 2018 Section 38(7)﻿(d) amended 14 November 2018 section 49(5) Tribunals Powers and Procedures Legislation Act 2018 Section 38(7)﻿(e) amended 14 November 2018 section 49(6) Tribunals Powers and Procedures Legislation Act 2018 Section 38(8) amended 14 November 2018 section 49(7) Tribunals Powers and Procedures Legislation Act 2018 Section 38(8) amended 1 March 2017 section 261 District Court Act 2016
39: Proceedings to be held in private
1: All proceedings before the Tribunal
2: Nothing in subsection (1) shall prevent the Tribunal
3: Notwithstanding subsection (1), the Tribunal the Tribunal 1976 No 35 s 25 Section 39(1) amended 1 March 2017 section 261 District Court Act 2016 Section 39(2) amended 1 March 2017 section 261 District Court Act 2016 Section 39(3) amended 1 March 2017 section 261 District Court Act 2016
40: Evidence
1: Evidence tendered to the Tribunal
2: The Tribunal
3: All evidence and information received or ascertained under subsection (2) shall be disclosed to every party, and every party shall be given an opportunity to comment on it.
4: The Tribunal 1976 No 35 s 26 Section 40(1) amended 1 March 2017 section 261 District Court Act 2016 Section 40(2) amended 1 March 2017 section 261 District Court Act 2016 Section 40(4) amended 1 March 2017 section 261 District Court Act 2016
41: Investigator may be appointed
1: The Tribunal
2: Where, in any proceedings before the Tribunal
a: a Registrar
b: the hearing of those proceedings shall not begin or, as the case may require, resume until at least 10 days have elapsed after the date on which the report is made available to the parties.
3: A person appointed under subsection (1) shall be paid, out of money appropriated by Parliament for the purpose, such fees and expenses as are fixed by a Registrar 1976 No 35 s 27 Section 41(1) amended 1 March 2017 section 261 District Court Act 2016 Section 41(2) amended 1 March 2017 section 261 District Court Act 2016 Section 41(2)﻿(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 41(3) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
42: Tribunal may act on evidence available
1: Where the case of any party is not presented to the Tribunal, after reasonable opportunity has been given to that party to do so, the issues in dispute in the proceedings may be resolved by the Tribunal, or relief in respect of an undisputed claim may be granted by it, on such evidence or information as is before it, including evidence or information obtained pursuant to section 40(2)
2: An order made by the Tribunal in the circumstances described in subsection (1) shall not be challenged on the ground that the case of the party was not presented to the Tribunal, but the party may apply for a rehearing under section 49 1976 No 35 s 28
42A: Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Referee conducting the hearing of the matter, considers it appropriate and the necessary facilities are available. Section 42A inserted 14 November 2018 section 50 Tribunals Powers and Procedures Legislation Act 2018
43: Costs
1: Except as provided in this section, costs shall not be awarded against a party to any proceedings before the Tribunal
2: Where, in the opinion of the Tribunal, a claim made by a party is frivolous or vexatious, it may, subject to any rules made under this Act, order that party to pay—
a: to the Crown, the fees and expenses of any witness, or of an Investigator, that have been paid by the Crown:
b: to a party, the costs of that party in connection with the proceedings.
3: Where, in the opinion of the Tribunal, any party has—
a: lodged a claim knowing that the claim is not within the jurisdiction of the Tribunal
b: unnecessarily prolonged any proceedings by engaging in conduct intended to impede the prompt resolution of the proceedings,— the Tribunal may, subject to any rules made under this Act, order that party to pay to any other party the costs, or part of the costs, of that other party in connection with the proceedings.
4: Where—
a: any proceedings within the jurisdiction of the Tribunal have been commenced in the District Court; and
b: those proceedings have been transferred to the Tribunal section 37(1)
c: the Tribunal is satisfied that those proceedings were commenced in that court and not in the Tribunal the Tribunal the Tribunal may order the first-mentioned party to pay to the party who commenced the proceedings—
d: the fee paid by the latter party in respect of the filing of those proceedings in the District Court; and
e: any solicitor's costs incurred by the latter party in respect of the preparation of the documents necessary for the filing of those proceedings, which costs shall not exceed the amount prescribed in relation to that matter under rules made under the District Court Act 2016 1976 No 35 s 29 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 Section 43(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4)﻿(a) replaced 1 March 2017 section 261 District Court Act 2016 Section 43(4)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4)﻿(e) amended 1 March 2017 section 261 District Court Act 2016
44: Procedure where no provision made
Subject to this Act and to any rules made under this Act and any practice notes issued under section 6C(1)﻿(ha) the Tribunal 1976 No 35 s 30 Section 44 amended 14 November 2018 section 51 Tribunals Powers and Procedures Legislation Act 2018 Section 44 amended 1 March 2017 section 261 District Court Act 2016 Enforcement of orders
45: Enforcement of orders except work orders
1: Every order made by the Tribunal requiring a party to pay money or deliver specific property to another party is taken to be an order of the District Court and, subject to this section, may be enforced accordingly.
2: Where application is made to the District Court section 19(3) a Registrar
3: If that party does not file in the court, within the period prescribed for so doing, a notice of objection in a form approved by the chief executive after consultation with the Principal Disputes Referee
4: The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the Tribunal has been fully complied with and that that party therefore disputes the entitlement of the applicant to enforce it.
5: If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, a Registrar section 46(2) 1976 No 35 s 31(1)–(5) Section 45(1) replaced 1 March 2017 section 261 District Court Act 2016 Section 45(2) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 45(2) amended 1 March 2017 section 261 District Court Act 2016 Section 45(3) amended 29 October 2019 section 52 Tribunals Powers and Procedures Legislation Act 2018 Section 45(5) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
46: Enforcement of work orders
1: Where—
a: a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and
b: that other party has not complied with the alternative money order provided for by section 19(3) the party in whose favour the work order was made may, instead of applying to the District Court for the issue of a process for enforcement pursuant to section 45(1) a form approved by the chief executive after consultation with the Principal Disputes Referee
2: Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on a notice under section 45(5) section 24
a: vary the work order, or make a further work order, or any other order that is authorised by section 19
b: grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 19(3) section 45(2)
c: discharge any order previously made by the Tribunal.
3: After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal. 1976 No 35 s 32 Section 46(1) amended 29 October 2019 section 53 Tribunals Powers and Procedures Legislation Act 2018
47: Enforcement of agreed settlements
1: Where a term of an agreed settlement approved by the Tribunal under section 18(3)
2: Where—
a: a term of an agreed settlement approved by the Tribunal section 18(3)
b: a party who would benefit by the enforcement of that term considers that the term has not been complied with by the other party,— the party who would benefit by the enforcement of the term may lodge in the Tribunal a request in a form approved by the chief executive after consultation with the Principal Disputes Referee
3: Subsequent proceedings shall be taken on a request for enforcement under subsection (2) as if such request were a claim lodged under section 24
a: if the parties so agree, vary the term of the agreed settlement that is sought to be enforced, or any other term of that settlement:
b: strike out the term of the agreed settlement that is sought to be enforced and, subject to section 19(4) Section 47(1) replaced 1 March 2017 section 261 District Court Act 2016 Section 47(2) amended 29 October 2019 section 54 Tribunals Powers and Procedures Legislation Act 2018 Section 47(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
48: No filing fee payable
Section 48 repealed 29 October 2019 section 55 Tribunals Powers and Procedures Legislation Act 2018
4: Rehearings and appeals
49: Rehearings
1: The Tribunal may order the rehearing of a claim following an application by a party, and may grant the application on any terms it thinks fit.
1A: In any case, the Tribunal may order only 1 rehearing unless the Tribunal considers that the interests of justice require more than 1 rehearing.
2: A rehearing may be ordered under subsection (1) only—
a: where an order has been made under section 18(8)
b: where an order has been made under section 46(2) section 47(3)﻿(b)
c: where an agreed settlement has been approved by the Tribunal section 18(3)
3: Every application for a rehearing shall be made within 20 working days section 47(3)﻿(a)
4: Upon a rehearing being granted,—
a: a Registrar
b: the order or approval or variation made or given by the Tribunal upon the first hearing shall cease to have effect.
5: Notwithstanding subsection (4)﻿(b), if the party on whose application a rehearing is ordered does not appear at the time and place for the rehearing or at any time and place to which the rehearing is adjourned, the Tribunal may, without rehearing or further rehearing the claim, direct that the original order or approval or variation, as the case may be, be restored to full force and effect.
6: This Act shall apply to a rehearing in all respects as it applies to an original hearing.
7: On receipt of an application for a rehearing, the Tribunal may stay the implementation of the order, approval, or variation until the application is decided. 1976 No 35 s 33; 1986 No 120 s 105(4), (5) Section 49(1) replaced 29 October 2019 section 56(1) Tribunals Powers and Procedures Legislation Act 2018 Section 49(1A) inserted 29 October 2019 section 56(1) Tribunals Powers and Procedures Legislation Act 2018 Section 49(2)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 49(3) amended 24 October 2019 section 45 Statutes Amendment Act 2019 Section 49(4)﻿(a) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 49(7) inserted 29 October 2019 section 56(2) Tribunals Powers and Procedures Legislation Act 2018 Section 49 compare note amended 29 October 2019 section 56(3) Tribunals Powers and Procedures Legislation Act 2018
50: Appeals
1: Any party to proceedings before the Tribunal may appeal to the District Court section 18(8) section 46(2) section 47(3)﻿(b)
a: the proceedings were conducted by the Referee; or
b: an inquiry was carried out by an Investigator— in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.
2: Without limiting the generality of subsection (1), a Referee shall be deemed to have conducted the proceedings in a manner that was unfair to the appellant and prejudicially affected the result if—
a: the Referee fails to have regard to any provision of any enactment that is brought to the attention of the Referee at the hearing; and
b: as a result of that failure, the result of the proceedings is unfair to the appellant.
3: An appeal shall be brought by a party by the filing of a notice of appeal, in a form approved by the chief executive after consultation with the Principal Disputes Referee, in the District Court within 20 working days
4: As soon as practicable after such notice of appeal has been filed, a Registrar
5: A Registrar
6: A copy of every notice of appeal together with a notice of the time and place for hearing the appeal shall be served by a Registrar
7: The filing of a notice of appeal against an order or the approval of an agreed settlement or the variation of a term of an agreed settlement shall operate as a stay of any process for the enforcement of that order or that settlement or that variation, as the case may require, but the Tribunal may at any time, on the application of a party to the proceedings, order that any process may be resumed or commenced or, the process having been resumed or commenced, order that it be further stayed. 1976 No 35 s 34 Section 50(1) amended 1 March 2017 section 261 District Court Act 2016 Section 50(3) amended 29 October 2019 section 57 Tribunals Powers and Procedures Legislation Act 2018 Section 50(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 50(5) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 50(6) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
51: Referee or Investigator to furnish report
1: Within 28 days after the notice of appeal has been lodged in the Tribunal's records under section 50(4) a Registrar
2: A Referee shall keep a record of the proceedings of the Tribunal
3: Where, for any reason, the Referee who heard the proceedings or, where applicable, the Investigator, is unavailable to furnish the report, the report shall be compiled by a Registrar
4: A Registrar 1976 No 35 s 35 Section 51(1) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 51(2) amended 1 March 2017 section 261 District Court Act 2016 Section 51(3) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 51(4) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018
52: Right of audience
For the avoidance of doubt, it is hereby declared that section 107 section 50 Section 52 amended 1 March 2017 section 261 District Court Act 2016
53: Powers of District Court Judge on appeal
1: On the hearing of the appeal a District Court Judge may—
a: quash the order or the approval or the variation, as the case may be, and order a rehearing of the claim in the Tribunal on such terms as the Judge thinks fit; or
b: quash the order or the approval or the variation, as the case may be, and transfer the proceedings to the District Court
ba: vary the order, the approval, or the variation, as the case may be; or
c: dismiss the appeal.
2: In ordering a rehearing under subsection (1)﻿(a), the Judge may give to the Tribunal such directions as the Judge thinks fit as to the conduct of the rehearing.
3: An appeal under this section shall be heard by a District Court Judge in chambers and, subject to this Act and to any rules made under this Act, the procedure at any such hearing shall be such as the Judge may determine. 1976 No 35 s 36 Section 53(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 53(1)﻿(ba) inserted 14 November 2018 section 58 Tribunals Powers and Procedures Legislation Act 2018
5: Miscellaneous provisions
54: Want of form
No proceedings of the Tribunal the Tribunal 1976 No 35 s 37 Section 54 amended 1 March 2017 section 261 District Court Act 2016
55: Registrar to provide assistance
A Registrar shall ensure that assistance is reasonably available, either from that Registrar himself or herself, or from that Registrar's staff, to any person who seeks it in completing the forms required by this Act, or by any rules made under this Act, in relation to the lodging of a claim in the Tribunal the Tribunal the District Court 1976 No 35 s 38 Section 55 amended 1 March 2017 section 261 District Court Act 2016
56: Contempt of Tribunal
1: Every person commits an offence and is liable on
a: wilfully insults the Tribunal the Tribunal the Tribunal
b: wilfully insults the Tribunal
c: wilfully interrupts, or otherwise misbehaves at, a sitting of the Tribunal
d: wilfully and without lawful excuse disobeys any order or direction of the Tribunal section 18(3) section 46(2) section 47(3)﻿(b)
2: A Referee may order the exclusion from a sitting of the Tribunal 1976 No 35 s 39 Section 56(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(1)﻿(a) amended 14 November 2018 section 59 Tribunals Powers and Procedures Legislation Act 2018 Section 56(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 56(1)﻿(b) amended 14 November 2018 section 59 Tribunals Powers and Procedures Legislation Act 2018 Section 56(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 56(1)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 56(1)﻿(d) amended 1 March 2017 section 261 District Court Act 2016 Section 56(2) amended 1 March 2017 section 261 District Court Act 2016
56A: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive:
a: information about the purpose of the Tribunal and how to commence a claim:
b: any requirements that must be met for a claim:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 56A inserted 14 November 2018 section 60 Tribunals Powers and Procedures Legislation Act 2018
57: Publication of orders
1: A Registrar the Tribunal
2: Subsection (1) is subject to section 20A 1976 No 35 s 40 Section 57(1) amended 14 November 2018 section 63 Tribunals Powers and Procedures Legislation Act 2018 Section 57(1) amended 1 March 2017 section 261 District Court Act 2016 Section 57(2) inserted 14 November 2018 section 61 Tribunals Powers and Procedures Legislation Act 2018
58: Protection of Referees, Investigators, etc
1: A Referee, in the performance of his or her duties under this Act, shall have and enjoy the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4A to 4F
2: For the avoidance of doubt as to the privileges and immunities of Referees, parties, representatives, and witnesses in the proceedings of the Tribunal
3: The privileges and immunities referred to in subsection (2) shall extend and apply to—
a: the Tribunal section 40(2)
b: an Investigator acting under section 41
c: a person who gives information, or makes any statement, to the Investigator or Tribunal on any such occasion. 1976 No 35 s 41; 1979 No 144 s 3 Section 58(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(2) amended 1 March 2017 section 261 District Court Act 2016 Section 58(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
59: Referee to be employee for accident compensation purposes
A Referee, while acting as such, is an employee employed by the Crown for the purposes of the Injury Prevention, Rehabilatation, and Compensation Act 2001 1976 No 35 s 42 Section 59 amended 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001
60: Rules
1: The Governor-General may from time to time, by Order in Council, make rules—
a: regulating the practice and procedure of the Tribunal
b: prescribing such things (including fees) as are required by this Act to be prescribed:
c: prescribing such matters as are necessary for carrying out the provisions of this Act.
2: Without limiting the generality of subsection (1), rules may be made providing for the following:
a: the criteria and procedures for assessing candidates for recommendation for appointment or reappointment as Principal Disputes Referee or
b: the keeping of records by the Tribunal
c: the form of documents to be issued by the Tribunal
d: the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons:
e: the functions, powers, and duties of the Tribunal
i: the service of documents and giving of notices:
ii: the enlargement of dates of hearing:
iii: the adjournment of proceedings:
iv: the reports of Investigators:
f: the withdrawal and amendment of claims:
g: the summonsing of witnesses, and the payment of witnesses from public funds or otherwise:
ga: the giving of evidence to the Tribunal
h: the commission of offences by, and punishment of, persons who refuse to give evidence or obey a summons to witness:
i: the functions, powers, and duties of Investigators:
j: the costs that may be awarded under section 43
k: the transfer of proceedings—
i: from the District Court or the High Court to the Tribunal:
ii: from the Tribunal to the District Court or a Motor Vehicle Disputes Tribunal referred to in section 36(3)
iii: from one office of the Tribunal to another:
l: the removal of orders of, or agreed settlements approved by, the Tribunal into the District Court for enforcement:
m: the searching of the records of the Tribunal
3: Notwithstanding section 61
a: the giving of notices to, and service of documents on, the Crown; and
b: the length of the notice to be given to the Crown before proceedings to which the Crown is a party may be heard.
4: Rules under this section are secondary legislation ( see Part 3 1976 No 35 s 43 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 60(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(a) amended 3 July 1998 section 9 Disputes Tribunals Amendment Act 1998 Section 60(2)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(c) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(e) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(ga) inserted 30 March 1995 Disputes Tribunals Amendment Act 1995 Section 60(2)﻿(ga) amended 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(k) replaced 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(l) replaced 1 March 2017 section 261 District Court Act 2016 Section 60(2)﻿(m) amended 1 March 2017 section 261 District Court Act 2016 Section 60(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
61: Crown Proceedings Act 1950 not restricted
Nothing in this Act shall limit or restrict the operation of the Crown Proceedings Act 1950 1976 No 35 s 44
6: Amendments to other Acts
Amendments to Contracts (Privity) Act 1982 Heading repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
62: Interpretation
Section 62 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
63: Jurisdiction of Disputes Tribunals
Section 63 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Contractual Mistakes Act 1977 Heading repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
64: Interpretation
Section 64 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
65: Jurisdiction of Disputes Tribunals
Section 65 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Contractual Remedies Act 1979
66: Interpretation
Section 66 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
67: Statements during negotiations for a contract
Amendment(s) incorporated in the Act(s).
68: Jurisdiction of Disputes Tribunals
Section 68 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Credit Contracts Act 1981 Heading repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
69: Interpretation
Section 69 repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
70: Jurisdiction of Disputes Tribunals
Section 70 repealed 5 March 1999 Credit Contracts Amendment Act 1999 Amendments to Fencing Act 1978
71: Interpretation
Amendment(s) incorporated in the Act(s)
72: Proceedings to be in accordance with District Courts Act 1947
Amendment(s) incorporated in the Act(s)
73: Jurisdiction of Disputes Tribunals
Amendment(s) incorporated in the Act(s)
74: Rules
Amendment(s) incorporated in the Act(s) Amendments to Hire Purchase Act 1971 Heading repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
75: Interpretation
Section 75 repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
76: Jurisdiction of Disputes Tribunals
Section 76 repealed 5 March 1999 Hire Purchase Amendment Act 1999 Amendments to Illegal Contracts Act 1970 Heading repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
77: Interpretation
Section 77 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002
78: Jurisdiction of Disputes Tribunals
Section 78 repealed 19 December 2002 section 7 Disputes Tribunals Amendment Act 2002 Amendments to Minors' Contracts Act 1969
79: Interpretation
Amendment(s) incorporated in the Act(s)
80: Settlement of claims by minors
Amendment(s) incorporated in the Act(s)
81: Jurisdiction of Disputes Tribunals
Amendment(s) incorporated in the Act(s)
7: Repeals, consequential amendments, and transitional provisions
82: Repeals and consequential amendments
1: The following enactments are hereby repealed, namely:
a: the Small Claims Tribunals Act 1976:
b: the Small Claims Tribunals Amendment Act 1979:
c: Amendment(s) incorporated in the Act(s)
d: the Contractual Mistakes Amendment Act 1985:
e: the Contractual Remedies Amendment Act 1985:
f: the Hire Purchase Amendment Act 1985:
g: the Illegal Contracts Amendment Act 1985:
h: the Minors' Contracts Amendment Act 1985:
i: the Small Claims Tribunals Amendment Act 1985
2: The enactments specified in Schedule 2
3: The repeal by subsection (1) of sections 5 6 Schedule
83: References to Small Claims Tribunals, etc, deemed references to
Disputes Tribunal Every reference to a Small Claims Tribunal in any enactment (other than an enactment to which sections 62 to 81 Schedule 2 the Disputes Tribunal the Disputes Tribunal Section 83 heading amended 1 March 2017 section 261 District Court Act 2016 Section 83 amended 1 March 2017 section 261 District Court Act 2016
84: Transitional provisions
1: Every Small Claims Tribunal established under section 4 of the Small Claims Tribunals Act 1976 before the commencement of this section shall, if that Tribunal was subsisting immediately before the commencement of this section, be deemed for all purposes to have been established as a Disputes Tribunal under this Act.
2: Every person who, immediately before the commencement of this section, held office as a Referee pursuant to section 7 of the Small Claims Tribunals Act 1976 shall, without further appointment, be deemed as from the commencement of this section for all purposes to have been appointed as a Referee under this Act, and that person's warrant of appointment shall be construed accordingly.
3: All proceedings commenced under the Small Claims Tribunals Act 1976, and pending or in progress at the commencement of this section, may be continued, completed, and enforced under this Act.
4: Any form that was printed, before the commencement of this section, in the form prescribed by or under, and for the purposes of, the Small Claims Tribunals Act 1976 may be used for the purposes of this Act after the commencement of this section, and it shall not be necessary, merely because of any of the provisions of this Act, to alter any printed material in any such form.