Reprint as at 1 July 2011

Disputes Tribunals Act 1988

Public Act1988 No 110
Date of assent28 July 1988
Commencementsee section 1(2)

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

Part 1
Establishment of Tribunals

4 Establishment of Tribunals

5 Exercise of Tribunal's jurisdiction

6 Rostering and training of Referees

6A Appointment of Principal Disputes Referee

6B Acting Principal Disputes Referee

6C Functions and powers of Principal Disputes Referee

7 Appointment of Referees

8 Selection of candidates for appointment or reappointment as Referees

8A Salary and allowances of Principal Disputes Referee

9 Salary and allowances

Part 2
Jurisdiction, functions, and orders of Tribunals

10 Jurisdiction of Tribunals

11 Further limitations on jurisdiction

12 Recovery of consequential loss

13 Extension of jurisdiction by agreement between the parties

14 Abandonment to bring claim within jurisdiction

15 Cause of action not to be divided

16 Contracting out prohibited

17 Exclusion of other jurisdictions

18 Functions of Tribunal

19 Orders of Tribunal

20 Power of Tribunal to award interest

21 Reasons for decisions

22 Orders and approved settlements to be recorded in writing

23 Decisions of Tribunal to be final

Part 3
Proceedings of Tribunals

Claims

24 Lodging of claims

25 Notice of claim and of hearing

26 Parties

27 Minors

Special provisions relating to claims where applicant or respondent insured

28 Claims for relief where applicant insured

29 Insurer may waive notice of proceedings

30 Insurer may abandon rights of subrogation

31 Applicant to control conduct of case where insurer a party

32 Insurer may prove amount of loss

33 Applicant to have priority in respect of uninsured loss

34 Insurer may apply for claim to be struck out

35 Insured respondent to notify insurer

Transfer of proceedings

36 Transfer of proceedings to District Court, etc

37 Transfer of proceedings from District Court, etc

Hearings

38 Right to appear at hearings

39 Proceedings to be held in private

40 Evidence

41 Investigator may be appointed

42 Tribunal may act on evidence available

43 Costs

44 Procedure where no provision made

Enforcement of orders

45 Enforcement of orders except work orders

46 Enforcement of work orders

47 Enforcement of agreed settlements

48 No filing fee payable

Part 4
Rehearings and appeals

49 Rehearings

50 Appeals

51 Referee or Investigator to furnish report

52 Right of audience

53 Powers of District Court Judge on appeal

Part 5
Miscellaneous provisions

54 Want of form

55 Registrar to provide assistance

56 Contempt of Tribunal

57 Publication of orders

58 Protection of Referees, Investigators, etc

59 Referee to be employee for accident compensation purposes

60 Rules

61 Crown Proceedings Act 1950 not restricted

Part 6
Amendments to other Acts

Amendments to Contracts (Privity) Act 1982

[Repealed]

62 Interpretation [Repealed]

63 Jurisdiction of Disputes Tribunals [Repealed]

Amendments to Contractual Mistakes Act 1977

[Repealed]

64 Interpretation [Repealed]

65 Jurisdiction of Disputes Tribunals [Repealed]

Amendments to Contractual Remedies Act 1979

66 Interpretation [Repealed]

67 Statements during negotiations for a contract

68 Jurisdiction of Disputes Tribunals [Repealed]

Amendments to Credit Contracts Act 1981

[Repealed]

69 Interpretation [Repealed]

70 Jurisdiction of Disputes Tribunals [Repealed]

Amendments to Fencing Act 1978

71 Interpretation

72 Proceedings to be in accordance with District Courts Act 1947

73 Jurisdiction of Disputes Tribunals

74 Rules

Amendments to Hire Purchase Act 1971

[Repealed]

75 Interpretation [Repealed]

76 Jurisdiction of Disputes Tribunals [Repealed]

Amendments to Illegal Contracts Act 1970

[Repealed]

77 Interpretation [Repealed]

78 Jurisdiction of Disputes Tribunals [Repealed]

Amendments to Minors' Contracts Act 1969

79 Interpretation

80 Settlement of claims by minors

81 Jurisdiction of Disputes Tribunals

Part 7
Repeals, consequential amendments, and transitional provisions

82 Repeals and consequential amendments

83 References to Small Claims Tribunals, etc, deemed references to Disputes Tribunals

84 Transitional provisions

Schedule 1
Powers and jurisdiction of Disputes Tribunals

Schedule 2
Consequential amendments

Reprint notes


An Act to consolidate and amend the Small Claims Tribunals Act 1976