Harmful Digital Communications Act 2015

13 District Court may refer matter back to Approved Agency

(1)

This section applies when the District Court considers an application under section 11 that arises from the subject matter of a complaint that has been received by the Approved Agency (whether or not the complaint has been assessed under section 12(1)).

(2)

The court—

(a)

must consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and

(b)

may adjourn the proceeding and refer the matter back to the Approved Agency unless satisfied that attempts at resolution, or further attempts at resolution, of the matter by the parties and the Agency—

(i)

will not contribute constructively to resolving the matter; or

(ii)

will not, in the circumstances, be in the public interest; or

(iii)

will undermine the proceedings before the court.

Section 13(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).