Fencing Act 1978

24A Jurisdiction of Disputes Tribunals

  • (1) Subject to subsection (2), a Disputes Tribunal established under the Disputes Tribunals Act 1988 shall have jurisdiction to—

    • (a) hear and determine all questions and disputes arising under this Act in relation to any of the matters specified in paragraphs (a) to (o) of subsection (1) of section 24; and

    • (b) exercise the powers conferred by subsection (2) or subsection (3) of that section.

    (2) Subject to subsection (3), in the exercise of its jurisdiction under subsection (1) a Disputes Tribunal shall not—

    • (a) make an order under section 24(2)(a)—

      • (i) requiring a person to pay an amount exceeding $15,000:

      • (ii) requiring a person to incur any expense that exceeds $15,000:

      • (iii) declaring a person not liable to another for an amount exceeding $15,000:

      • (iv) requiring a person to remove a fence where the value of the fence exceeds $15,000:

    and an order or judgment of a Tribunal that exceeds any such restriction shall be entirely of no effect.

    (3) Where, in respect of any proceedings under subsection (1), the jurisdiction of a Disputes Tribunal has been extended under an agreement made pursuant to section 13 of the Disputes Tribunals Act 1988, subsection (2) shall be read as if every reference in that subsection to $15,000 were a reference to $20,000.

    Section 24A: inserted, on 1 March 1989, by section 73 of the Disputes Tribunals Act 1988 (1988 No 110).

    Section 24A(2)(a)(i): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).

    Section 24A(2)(a)(ii): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).

    Section 24A(2)(a)(iii): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).

    Section 24A(2)(a)(iv): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).

    Section 24A(2)(b): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).

    Section 24A(3): amended, on 1 August 2009, by section 8 of the Disputes Tribunals Amendment Act 2009 (2009 No 22).