Tribunals Powers and Procedures Legislation Act 2018

  • Corrections have been made to sections 2(1) and 321 on 17 December 2018 under section 25(1)(j)(iii) of the Legislation Act 2012.
Coat of Arms of New Zealand

Tribunals Powers and Procedures Legislation Act 2018

Public Act
 
2018 No 51
Date of assent
 
13 November 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
3Principal Act
4Section 328 amended (Regulations relating to reviews and appeals)
5Principal Act
6Section 122J amended (Application to Tribunal)
7Section 122K amended (Notice of proceedings)
8Section 206 amended (Membership of Tribunal)
9Section 207 amended (Term of office of members of Tribunal)
10Section 209 replaced (Deputies of members)
209Appointment of temporary acting chairperson or members
11New section 209A inserted (Delegation by chairperson of Tribunal)
209ADelegation by chairperson of Tribunal
12New section 211A inserted (Orderly and efficient operation)
211AOrderly and efficient operation
13Section 213 amended (Sittings of Tribunal)
14Section 214 amended (Procedure of Tribunal)
15New section 214A inserted (Tribunal may strike out, determine, or adjourn proceeding)
214ATribunal may strike out, determine, or adjourn proceeding
16Section 217 amended (Service of summons)
17Section 219 amended (Privileges and immunities)
18Section 221 amended (Contempt of Tribunal)
19New section 224A and cross-heading inserted
224APractice notes
20New sections 224B and 224C inserted
224BOnline publication of information about procedures, time frames, and progress of decisions
224COnline publication of final written decisions
21Section 234 amended (Regulations)
22Principal Act
23New Part 2 of Schedule 1 inserted
24Schedule 8 amended
30APractice notes
30BOnline publication of information about procedures, time frames, and progress of decisions
25Principal Act
26Section 2 amended (Interpretation)
27New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
28New section 4B inserted (Registry of Disputes Tribunal)
4BRegistry of Disputes Tribunal
29Section 6 replaced (Rostering and training of Referees)
6Sittings of Tribunal and rostering and training of Referees
30Section 6A amended (Appointment of Principal Disputes Referee)
31Section 6C amended (Functions and powers of Principal Disputes Referee)
32New section 6D inserted (Delegation by Principal Disputes Referee)
6DDelegation by Principal Disputes Referee
33Section 7 amended (Appointment of Referees)
34Section 8 amended (Selection of candidates for appointment or reappointment as Referees)
35Section 10 amended (Jurisdiction of Tribunals)
36Section 12 repealed (Recovery of consequential loss)
37Section 13 repealed (Extension of jurisdiction by agreement between the parties)
38Section 14 amended (Abandonment to bring claim within jurisdiction)
39Section 18 amended (Functions of Tribunal)
40Section 19 amended (Orders of Tribunal)
41Section 20 amended (Power of Tribunal to award interest)
42New section 20A inserted (Suppression orders)
20ASuppression orders
43Section 21 replaced (Reasons for decisions)
21Reasons for decisions
44Section 24 amended (Lodging of claims)
45Section 25 amended (Notice of claim and of hearing)
46Section 28 amended (Claims for relief where applicant insured)
47Section 29 amended (Insurer may waive notice of proceedings)
48Section 31 amended (Applicant to control conduct of case where insurer a party)
49Section 38 amended (Right to appear at hearings)
50New section 42A inserted (Use of electronic facilities to hear matters)
42AUse of electronic facilities to hear matters
51Section 44 amended (Procedure where no provision made)
52Section 45 amended (Enforcement of orders except work orders)
53Section 46 amended (Enforcement of work orders)
54Section 47 amended (Enforcement of agreed settlements)
55Section 48 repealed (No filing fee payable)
56Section 49 amended (Rehearings)
57Section 50 amended (Appeals)
58Section 53 amended (Powers of District Court Judge on appeal)
59Section 56 amended (Contempt of Tribunal)
60New section 56A inserted (Online publication of information about procedures, time frames, and progress of decisions)
56AOnline publication of information about procedures, time frames, and progress of decisions
61Section 57 amended (Publication of orders)
62New Schedule 1AA inserted
63Consequential amendments to principal Act
64Principal Act
65Section 302 amended (Interpretation)
66Section 304 replaced (Student Allowance Appeal Authority)
304Student Allowance Appeal Authorities
304AOther provisions relating to Student Allowance Appeal Authorities
304BAppointment of temporary acting Authority
304COrderly and efficient operation
67Section 305 amended (Appeals)
68Section 306 amended (Procedures to be prescribed)
69New section 306AA inserted (Practice notes)
306AAPractice notes
70New sections 306AB and 306AC inserted
306ABOnline publication of information about procedures, time frames, and progress of decisions
306ACOnline publication of written decisions
71Principal Act
72Section 54 amended (Restrictions on carrying on offensive trade)
73Section 55 replaced (Appeal against decision of local authority or medical officer of health)
55Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade
74Section 59 replaced (Appeal against decision of local authority or medical officer of health)
59Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard
75Section 124 repealed (Constitution and powers of boards of appeal)
76Principal Act
77Section 92BA amended (Lodging of applications)
78Section 92D amended (Tribunal may refer complaint back to Commission, or adjourn proceedings to seek resolution by settlement)
79Section 95 amended (Power to make interim order)
80Section 98 amended (Membership of Tribunal)
81Section 99 replaced (Chairpersons of Tribunal)
99Chairperson of Tribunal
99AADeputy Chairpersons of Tribunal
82Section 99A amended (Criteria and requirement for appointment of Chairpersons)
83Section 100 amended (Appointment and term of office)
84Section 101 amended (Panel)
85New sections 101A to 101C inserted
101AFunctions, duties, and powers of Deputy Chairpersons
101BDelegation by Chairperson of Tribunal
101CReferences to Chairpersons include deputies and delegates and temporary acting Chairperson
86Section 102 replaced (Deputy Chairperson)
102Appointment of temporary acting Chairperson
87Section 103 amended (Vacation of office by Chairperson and Deputy Chairperson)
88New sections 103A and 103B inserted
103AOrderly and efficient operation
103BPowers of Chairperson to direct constitution of Tribunal
89Section 104 amended (Sittings of Tribunal)
90Section 109 amended (Witness summons)
91Section 110 amended (Service of summons)
92Section 114 amended (Power to commit for contempt)
93New section 115A inserted (Tribunal may strike out, determine, or adjourn proceedings)
115ATribunal may strike out, determine, or adjourn proceedings
94New section 121A inserted (Practice notes)
121APractice notes
95New sections 121B and 121C inserted
121BOnline publication of information about procedures, time frames, and progress of decisions
121COnline publication of final written decisions
96Section 123 amended (Appeals to High Court)
97Section 124 amended (Appeal to Court of Appeal on a question of law)
98Schedule 1AA amended
99Principal Act
100Section 219 amended (Membership of Tribunal)
101New section 219A inserted (Appointment of temporary acting chair or member of Tribunal)
219AAppointment of temporary acting chair or member of Tribunal
102Section 220 amended (Role of chair of Tribunal)
103New section 224A inserted (Tribunal may strike out, determine, or adjourn appeal)
224ATribunal may strike out, determine, or adjourn appeal
104Section 353 amended (Offences in relation to Tribunal)
105Section 355 amended (Penalties: general)
106Schedule 2 amended
107Principal Act
108New section 41A inserted (Orderly and efficient operation)
41AOrderly and efficient operation
109New section 41B inserted (Delegation by chair of Tribunal)
41BDelegation by chair of Tribunal
110Section 49 amended (Proceedings before Tribunal)
111New section 50A inserted (Suppression orders)
50ASuppression orders
112New sections 70A to 70C inserted
70AOffence of breaching suppression order
70BOffence to fail to comply with summons
70CContempt of Tribunal
113Section 93 amended (Service of notices)
114Schedule amended
115Principal Act
116Section 179 amended (Notification of practitioner or former practitioner, partner, employer, or director)
117Section 182 amended (Application of money in satisfaction of expenses)
118New section 192A inserted (Orderly and efficient operation)
192AOrderly and efficient operation
119Section 198 amended (Applications for review)
120Section 205 replaced (Power to decline to make further inquiry or investigation)
205Legal Complaints Review Officer may strike out, determine, or adjourn application for review
121Section 206 amended (Proceedings of Legal Complaints Review Officer)
122New section 206A inserted (Suppression orders)
206ASuppression orders
123Section 215 amended (Enforcement of orders for costs or expenses)
124New section 215A and cross-heading inserted
215APractice notes
125New section 215B inserted (Online publication of information about procedures, time frames, and progress of decisions)
215BOnline publication of information about procedures, time frames, and progress of decisions
126New section 233A inserted (Appointment of temporary acting member)
233AAppointment of temporary acting member
127New section 238A inserted (Hearing on papers)
238AHearing on papers
128New sections 239A and 239B inserted
239AOnline publication of information about procedures, time frames, and progress of decisions
239BOnline publication of final written decisions
129New section 240A inserted (Disciplinary Tribunal may strike out, determine, or adjourn proceeding)
240ADisciplinary Tribunal may strike out, determine, or adjourn proceeding
130New section 249A inserted (Practice notes)
249APractice notes
131Section 251 amended (Contempt of Disciplinary Tribunal)
132Section 258 amended (Enforcement of orders of Disciplinary Tribunal)
133New section 262A inserted (Offence of breaching suppression order)
262AOffence of breaching suppression order
134Schedule 3 amended
135Schedule 4 amended
136Principal Act
137Section 53 amended (Application for review)
138New sections 55A and 55B inserted
55AProcedure
55BTribunal may strike out application for review
139New section 57A inserted (Suppression orders)
57ASuppression orders
140New section 57B inserted (Online publication of information about procedures, time frames, and progress of decisions)
57BOnline publication of information about procedures, time frames, and progress of decisions
141Section 58 amended (Chairperson may direct publication of Tribunal decisions)
142Section 65 amended (Chairperson of Tribunal)
143New section 66A inserted (Appointment of temporary acting chairperson or member)
66AAppointment of temporary acting chairperson or member
144New section 85A inserted (Review Authority may strike out review)
85AReview Authority may strike out review
145New section 86A inserted (Suppression orders)
86ASuppression orders
146Section 87A amended (Deputy Review Authority)
147New section 87C inserted (Appointment of temporary acting Review Authority or Deputy Review Authority)
87CAppointment of temporary acting Review Authority or Deputy Review Authority
148New section 87D and cross-heading inserted
87DPractice notes
149New sections 87E and 87F inserted
87EOnline publication of information about procedures, time frames, and progress of decisions
87FOnline publication of final written decisions
150New section 112A inserted (Offence of breaching suppression order)
112AOffence of breaching suppression order
151Section 115 amended (Service of notices, etc)
152Schedule 3 amended
26Orderly and efficient operation
153Principal Act
154Section 52 amended (Suspension from work)
155Section 82 and cross-heading repealed
156New section 82A inserted (Maritime Appeal Authority disestablished)
82AMaritime Appeal Authority disestablished
157Section 191 amended (Maritime levies)
158Section 207 amended (Abolition of Marine Council and Marine Advisory Committee, etc)
159Section 425 amended (Procedure)
160Section 426 amended (Decision of Director or harbourmaster to continue in force pending appeal)
161Section 445 amended (Regulations for fees and charges)
162Schedule 2 repealed
163Principal Act
164Section 84 amended (Term of office of adjudicators)
165New section 85A inserted (Appointment of temporary acting adjudicator)
85AAppointment of temporary acting adjudicator
166Section 88 amended (Panel of persons who may be appointed as assessors)
167Section 89 amended (Jurisdiction of Disputes Tribunal)
168Section 94 amended (Decisions to be publicly available)
169New sections 110A and 110B and cross-heading inserted
110AOffence in relation to suppression orders
110BContempt of Tribunal
170New section 116A inserted (Penalties for offences relating to Disputes Tribunals)
116APenalties for offences relating to Disputes Tribunals
171Schedule 1 amended
9DSummons to witness
172Principal Act
173Section 27 amended (Service of notices)
174Section 43 amended (Contravention of orders or directions under section 41)
175Section 45 amended (Other aspects of procedure)
176New section 58A inserted (Orderly and efficient operation)
58AOrderly and efficient operation
177New section 60A inserted (Practice notes)
60APractice notes
178New section 60B inserted (Online publication of information about procedures, time frames, and progress of decisions)
60BOnline publication of information about procedures, time frames, and progress of decisions
179Principal Act
180Section 4 amended (Interpretation)
181Section 24 amended (Application for licence: individual applicant)
182Section 25 amended (Application for licence: company applicant)
183Section 27 amended (Notice of application for licence)
184Section 28 amended (Objections by Police to application for licence)
185Section 29 amended (Objections by other persons)
186Section 31 amended (Application determined by oral hearing)
187Section 34 amended (Issue of licence)
188Section 40 amended (Persons not to act as officers of licensed company without consent of Licensing Authority)
189Section 41 amended (Amendment of licence)
190Section 43 amended (Annual return updating licence and certificate of improvement)
191Section 46 amended (Application for certificate of approval)
192Section 48 amended (Notice of application for certificate of approval)
193Section 49 amended (Objections by Police to application for certificate of approval)
194Section 51 amended (Application determined by oral hearing)
195Section 54 amended (Issue of certificate of approval)
196Section 58 amended (Amendment of certificate of approval)
197Section 62 amended (Grounds of disqualification for individual applicant)
198Section 73 amended (Complaint against licensee)
199Section 74 amended (Complaint against certificate holder)
200Section 75 amended (Licensing Authority may refer matter to Police or to Complaints, Investigation, and Prosecution Unit)
201Section 76 amended (Suspension of licence or certificate of approval pending determination of complaint)
202Section 77 amended (Hearing)
203New sections 77A to 77C inserted
77AProcedure
77BSuppression orders
77CContempt of Licensing Authority
204Section 78 amended (Disciplinary powers of Licensing Authority in respect of licensee)
205Section 79 amended (Mandatory grounds for cancellation of licence)
206Section 80 amended (Discretionary grounds for cancellation of licence)
207Section 81 amended (Disciplinary powers of Licensing Authority in respect of holder of certificate of approval)
208Section 82 amended (Mandatory grounds for cancellation of certificate of approval)
209Section 83 amended (Discretionary grounds for cancellation of certificate)
210Section 85 amended (Cancelled and suspended licences and certificates of approval must be returned to Licensing Authority)
211Section 87 amended (Private Security Personnel Licensing Authority)
212New section 88A inserted (Orderly and efficient operation)
88AOrderly and efficient operation
213Section 89 amended (Qualifications of Licensing Authority)
214Section 90 amended (Term of office of Licensing Authority)
215Section 91 amended (Deputy Private Security Personnel Licensing Authority)
216Section 92 amended (Remuneration, and status under certain Acts)
217Section 93 amended (Licensing Authority to be Commission of Inquiry for certain purposes)
218New section 96A inserted (Practice notes)
96APractice notes
219New sections 96B and 96C inserted
96BOnline publication of information about procedures, time frames, and progress of decisions
96COnline publication of final written decisions
220Section 97 amended (Registers)
221Section 98 amended (Inspection of registers)
222Section 102 amended (Appeals to District Court)
223Section 111 replaced (Lost licences and certificates of approval)
111Lost licences and certificates of approval
224Section 112 amended (Voluntary surrender of licence or certificate of approval)
225Section 114 amended (Regulations)
226New section 114A inserted (Chief executive may approve forms)
114AChief executive may approve forms
227Section 117 replaced (Photographs)
117Photographs
228Consequential amendments to principal Act
229Principal Act
230Section 24 amended (Payment of fees, levies, and fines)
231Section 74 amended (Complaints about licensees)
232Section 79 amended (Procedure on receipt of complaint)
233Section 93 amended (Power of Committee to make orders)
234Section 100 amended (Real Estate Agents Disciplinary Tribunal established)
235Section 101 amended (Constitution of Tribunal for hearings)
236Section 102 amended (Functions of Tribunal)
237Section 105 amended (Proceeding before Tribunal)
238Section 107 amended (Hearings to be in public)
239New section 107A inserted (Hearing on papers)
107AHearing on papers
240Section 108 amended (Restrictions on publication)
241Section 109 amended (Evidence)
242New section 109A inserted (Disciplinary Tribunal may strike out, determine, or adjourn proceeding)
109ADisciplinary Tribunal may strike out, determine, or adjourn proceeding
243Section 110 amended (Determination of charges and orders that may be made if charge proved)
244New section 110A inserted (Costs)
110ACosts
245Section 111 amended (Appeal to Tribunal against determination by Committee)
246Section 112 amended (Application to Tribunal to review determination by Registrar)
247New section 115A inserted (Practice notes)
115APractice notes
248New section 115B inserted (Online publication of information about procedures, time frames, and progress of decisions)
115BOnline publication of information about procedures, time frames, and progress of decisions
249New section 116A inserted (Time for appeal to High Court)
116ATime for appeal to High Court
250New section 120A inserted (Time for appeal to Court of Appeal)
120ATime for appeal to Court of Appeal
251New sections 153A and 153B and cross-heading inserted
153AOffence to fail to comply with summons
153BContempt of Tribunal
252Section 154 amended (Service of notice and documents)
253Section 156 amended (Regulations)
254Schedule 1 amended
255Principal Act
256New section 67A inserted (Appointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator)
67AAppointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator
257Section 68 amended (Term of office of Tenancy Adjudicators)
258New section 71A inserted (Delegation by Principal Tenancy Adjudicator)
71ADelegation by Principal Tenancy Adjudicator
259Section 88 amended (Functions of Tenancy Mediators)
260New section 92A inserted (Tribunal may strike out proceeding)
92ATribunal may strike out proceeding
261Section 96 amended (Further provisions relating to procedure generally)
262Section 98 amended (Witness summons)
263Section 106 amended (Enforcement of possession orders)
264New section 111A inserted (Offence of breaching suppression order)
111AOffence of breaching suppression order
265Section 112 amended (Contempt)
266New sections 115A and 115B inserted
115AOnline publication of information about procedures, time frames, and progress of decisions
115BOnline publication of final written decisions
267Principal Act
268New sections 179A and 179B inserted
179AAppointment of temporary acting chairperson, deputy chairperson, or member
179BOrderly and efficient operation
269Section 181 amended (Term of office of members)
270Section 202 amended (Procedure)
271New section 211A inserted (Contempt of licensing authority)
211AContempt of licensing authority
272Section 280 amended (Variation, suspension, or cancellation of licences other than special licences)
273Section 285 amended (Suspension or cancellation of manager’s certificates)
274Principal Act
275Section 4 amended (Interpretation)
276Section 8 amended (Application for licence)
277Section 10 amended (Issue of licence: company applicant)
278Section 15 amended (Expiry and renewal of licences)
279Section 16 amended (Cancellation of licences)
280Section 17 amended (Updating licence information)
281Section 21 amended (Application for certificate)
282Section 23 amended (Waiver of disqualification)
283Section 26 amended (What happens if Police object to applicant)
284Section 30 amended (Expiry and renewal of certificates)
285Section 31 amended (Cancellation and suspension of certificates)
286Section 34 amended (Appeals against decision of Licensing Authority)
287Section 39 amended (Obligation to report and hold stolen goods)
288Section 42 amended (Dealers record)
289Section 44 amended (Storage of dealers record)
290Section 47 amended (Articles to be kept for 14 days)
291Section 70 amended (Appointment of Licensing Authority)
292Section 71 amended (Deputy Licensing Authorities)
293Section 72 amended (Remuneration, and status under certain Acts)
294New sections 74A and 74B inserted
74AOrderly and efficient operation
74BContempt of Licensing Authority
295Section 75 replaced (Administrative support for Licensing Authority)
75Administrative support for Licensing Authorities
296New sections 76A to 76C inserted
76AProcedure
76BHearing on papers
76CSuppression orders
297Section 77 replaced (Annual report)
77Annual report
298New section 77A inserted (Practice notes)
77APractice notes
299New sections 77B and 77C inserted
77BOnline publication of information about procedures, time frames, and progress of decisions
77COnline publication of final written decisions
300Section 78 replaced (Public registers of licence holders and of certificate holders)
78Public registers of licence holders and certificate holders
301Section 81 amended (Public access to public registers)
302Section 82 amended (Police access to other information held by Licensing Authority)
303Section 84 amended (Regulations)
304Consequential amendments to principal Act
305Principal Act
306Section 400 amended (Appeal must be begun within 3 months of notification or further allowed period)
307Section 403 amended (How to begin, and procedure and powers for, appeal to authority)
308Section 406 amended (Appeal must be begun, and case stated lodged, within time prescribed or allowed)
309Schedule 8 amended
5Appointment of temporary acting chairperson, deputy chairperson, or member
5AOrderly and efficient operation
10AHearing on papers
10BUse of electronic facilities to hear matters
10CAuthority may strike out, determine, or adjourn appeal
10DPractice notes
10EOnline publication of information about procedures, time frames, and progress of decisions
13Contempt of authority
310Principal Act
311New section 4A inserted (Transitional, savings, and related provisions)
4ATransitional, savings, and related provisions
312New section 5A inserted (Appointment of temporary acting Authority)
5AAppointment of temporary acting Authority
313Section 6 amended (Term of office of an Authority)
314New section 13AB inserted (Orderly and efficient operation)
13ABOrderly and efficient operation
315Section 16 amended (Hearing of proceedings)
316New sections 20A and 20B inserted
20AHearing on papers
20BUse of electronic facilities to hear matters
317New section 21A inserted (Authority may strike out, determine, or adjourn proceeding)
21AAuthority may strike out, determine, or adjourn proceeding
318Section 22 amended (Power to order costs in certain cases)
319Section 25 amended (Decision of an Authority)
320New sections 25A and 25A inserted
25AContempt of Authority
25BPractice notes
321New section 25C inserted (Online publication of information about procedures, time frames, and progress of decisions)
25COnline publication of information about procedures, time frames, and progress of decisions
322New Schedule inserted
323Principal Act
324Section 27 amended (How addition under section 26(1) or (2) effected)
325Section 62 amended (How to initiate adjudication)
326New section 103A inserted (Appointment of temporary acting chair or member)
103AAppointment of temporary acting chair or member
327New section 106A inserted (Orderly and efficient operation)
106AOrderly and efficient operation
328Section 107 amended (Chair may delegate duties)
329New section 109AA inserted (Procedure)
109AAProcedure
330New section 109A inserted (Tribunal may strike out, determine, or adjourn proceeding)
109ATribunal may strike out, determine, or adjourn proceeding
331Section 114 amended (Practice directions)
332New sections 114A and 114B inserted
114AOnline publication of information about procedures, time frames, and progress of decisions
114BOnline publication of final written decisions
333Section 115 amended (Offences)
334New section 115A inserted (Offence of breaching suppression order)
115AOffence of breaching suppression order
335Section 116 amended (Person in contempt of tribunal may be excluded from proceedings)
336Section 117 amended (Service of notices)
337Schedule 3 amended
338Repeal of Birdlings Flat Land Titles Act 1993
339Amendment to Residential Tenancies Rules 2010
340Revocation and amendment of enactments
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: