Disputes Tribunals Amendment Act 2002

Disputes Tribunals Amendment Act 2002

Public Act2002 No 80
Date of assent18 December 2002

The Parliament of New Zealand enacts as follows:

1 Title

  • (1) This Act is the Disputes Tribunals Amendment Act 2002.

    (2) In this Act, the Disputes Tribunals Act 1988 is called “the principal Act”.

2 Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Jurisdiction of Tribunals

  • (1) Section 10 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • “(1A) A Tribunal has jurisdiction to exercise any power conferred on a Court by any enactment listed in Part 1 of Schedule 1 if—

      • “(a) the occasion for the exercise of the power arises in the course of proceedings properly before the Tribunal; and

      • “(b) subject to section 13, the total amount in respect of which an order of the Tribunal is sought does not exceed $7,500.”

    (2) Section 10(2) of the principal Act is amended by omitting the words “the First Schedule to this Act”, and substituting the words “Part 2 of Schedule 1”.

4 Further limitations on jurisdiction

  • (1) Section 11(5) of the principal Act is amended by omitting the words “section 10(2) of this Act”, and substituting the words “section 10(1A) or (2)”.

    (2) Section 11(7) of the principal Act is amended by omitting the words “subsection (2) of section 10 of this Act”, and substituting the words “section 10(1A) or (2)”.

5 Extension of jurisdiction by agreement between the parties

  • Section 13(1) of the principal Act is amended by omitting the words “subsection (1) or subsection (2) of section 10 of this Act”, and substituting the words “section 10(1), (1A), or (2)”.

6 Power of Tribunal to award interest

  • Section 20(4) of the principal Act is amended by omitting the words “section 10(3)”, and substituting the words “section 10(1A) and (3)”.

7 Consequential amendments

  • The principal Act is amended by repealing sections 62 to 66, 68, 77, and 78.

8 New Schedule 1 substituted

  • The principal Act is amended by repealing the First Schedule, and substituting the schedule set out in the Schedule.

Schedule
New Schedule 1 of principal Act

s 8

Schedule 1
Powers and jurisdiction of Disputes Tribunals

s 10(1A) and (2)

1
Enactments under which Disputes Tribunals may exercise powers

Contracts (Privity) Act 1982

Contractual Mistakes Act 1977

Contractual Remedies Act 1979

Frustrated Contracts Act 1944

Illegal Contracts Act 1970

2
Enactments that confer jurisdiction on Disputes Tribunals

Consumer Guarantees Act 1993

Credit Contracts Act 1981

Credit (Repossession) Act 1997

Fair Trading Act 1986

Fencing Act 1978

Friendly Societies and Credit Unions Act 1982

Hire Purchase Act 1971

Minors' Contracts Act 1969

Motor Vehicle Securities Act 1989

Legislative history

12 December 2002Divided from Statutes Amendment Bill (No 2) (Bill 198-2), third reading