Disputes Tribunals Amendment Rules 2011

2011/104

Coat of Arms of New Zealand

Disputes Tribunals Amendment Rules 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 18th day of April 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 60 of the Disputes Tribunals Act 1988, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title
  • These rules are the Disputes Tribunals Amendment Rules 2011.

2 Commencement
  • These rules come into force on 19 May 2011.

3 Principal rules amended
4 New rule 4A inserted
  • The following rule is inserted after rule 4:

    4A Memorandum of agreement to extend financial limit must be in prescribed form
    • A memorandum of the parties' agreement, pursuant to section 13(1) of the Act, that a Tribunal have jurisdiction to hear and determine the claim, must be in form 1A.

5 Application for rehearing
  • Rule 23 is amended by inserting must be in form 9 and after Every application for a rehearing under section 49 of the Act.

6 New rule 33 substituted
  • Rule 33 is revoked and the following rule substituted:

    33 Records
    • (1) The Registrar must keep a record of all proceedings of the Tribunal.

      (2) The record that section 51(2) of the Act requires the Referee who heard proceedings of the Tribunal to keep (a record sufficient to enable that Referee to furnish to the Registrar, within 28 days after a notice of appeal has been lodged in the Tribunal's records under section 50(4) of the Act, a report under section 51(1) of the Act on, and on the reasons for, the manner in which the proceedings were conducted) must include an audio or audiovisual recording of the proceedings.

7 Searches
  • Rule 35 is amended by adding the following subclause:

    • (3) Nothing in this rule enables a person to search, inspect, or take a copy of, or limits or affects any entitlement that any parties to an appeal to a District Court have under the Act or under rules of court to access or be served with,—

      • (a) the record that section 51(2) of the Act requires a Referee to keep; or

      • (b) a copy of a report furnished or compiled under section 51(1) or (3) of the Act.

8 Schedule amended
  • The Schedule is amended by—

    • (a) revoking forms 1, 4, 6, 7, 8, and 10 and substituting in their appropriate numerical order the forms 1, 4, 6, 7, 8, and 10 set out in the Schedule of these rules; and

    • (b) inserting in their appropriate numerical order the forms 1A and 9 set out in the Schedule of these rules.

9 Consequential amendments
  • (1) Rule 3 of the Disputes Tribunals Amendment Rules 1998 is consequentially amended by omitting so much as relates to forms 1 and 3 of the Schedule of the principal rules.

    (2) Rule 5 and the Schedule of the Disputes Tribunals Amendment Rules 1999 are consequentially amended by omitting so much as relates to forms 1, 3, 4, 9, and 10 of the Schedule of the principal rules.


Schedule 
New forms

r 8

Form 1
Disputes Tribunal: claim form

r 4

What is this form for?

Use this form to make a claim to the Tribunal.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that you have answered all questions and signed and dated it.

    Note: This form will be returned to you if it is incomplete, unsigned, or undated.

  • 4 Submit this form by post or in person to the District Court closest to your physical address.

    Note: If you live in Auckland, there are 5 District Courts: North Shore, Waitakere, Auckland City, Manukau, and Papakura. Full address details for all District Courts can be found at www.justice.govt.nz/tribunals

What happens after you have submitted this form

A copy of this form will be sent by the Tribunal to all other parties (to all the respondent(s)) to the claim.

Part 1: Applicant (you, the individual or organisation making the claim)

If claiming as a trustee of a trust, state that and name all other trustees (if any) of the trust.

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Note: If your address or contact details change, you must notify the Tribunal immediately.

Do you require an interpreter?

Yes / No

If yes, state the language(s) that you speak:

Part 2: First respondent (the individual or organisation you are claiming against)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (another individual or organisation you are claiming against)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Applicant's insurance and insurer

Is this a claim that could be covered by your insurer? Yes / No

If you have been, are entitled to be, or have sought to be, indemnified (that is, compensated) by your insurer for any loss caused by or arising out of the act, omission, or event on which the claim is based, complete the following:

Full legal name of your insurer:

Your insurance claim number:

Your insurer’s postal address:

Part 5: Details of your dispute

How much do you want the Tribunal to award you?

(Note: if your claim is for more than $15,000 but is not for more than $20,000 you will need to complete an Agreement to Extend Financial Limit form (Disputes Tribunal form 1A) available at www.justice.govt.nz/tribunals)

What do you claim happened? Include specific details, including relevant dates and locations, of the dispute.

Part 6: Applicant's contact with respondent(s)

Outline what, specifically, you have done to resolve the issue. For example,—

  • What did the respondent(s) say when you asked the respondent(s) to pay or otherwise resolve the issue?

  • How did you contact the respondent(s) (for example, by telephone or email)?

  • On what date did you contact the respondent(s)?

  • When and how did the respondent(s) reply?

  • How is your claim disputed by the respondent(s)?

Signature:

Date:


Form 1A
Disputes Tribunal: Agreement to extend financial limit

r 4A

What is this form for?

Use this form to extend the financial limit of your Disputes Tribunal claim. Complete this agreement only if your claim is for more than $15,000 but is not for more than $20,000. The Tribunal can only hear and determine claims within that range if all parties agree to the Tribunal being authorised to do that, and sign and date this form.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that all parties have signed and dated it.

  • 4 Submit this form by post or in person to the District Court closest to the applicant's physical address.

Part 1: Applicant's claim and parties to it

Applicant's claim: [reference number or brief description of claim]

Applicant's name (individual or organisation):

Attention (organisation's contact):

   

First respondent's name (individual or organisation):

Attention (organisation's contact):

   

Name of second respondent (if any, individual or organisation):

Attention (organisation's contact):

   

Applicant's insurer's full legal name (if a party under section 28(4) or (5) or 29(3)(b) of the Act):

Attention (insurer's contact):

Respondent's insurer's full legal name (if a party under section 35(6) of the Act):

Attention (insurer's contact):

Part 2: Agreement

We agree to extend the financial limit of the applicant's claim to (maximum $20,000): $[amount]

Applicant’s signature:

Date:

   

First respondent’s signature:

Date:

   

Second respondent’s signature:

Date:

   

Applicant's insurer’s signature:

Date:


Form 4
Disputes Tribunal: Acknowledgement from applicant's insurer

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What is this form for?

Use this form if you (the applicant) have been, are entitled to be, or have sought to be, indemnified (that is, compensated) by your insurer for any loss caused by or arising out of the act, omission, or event on which your Disputes Tribunal claim is based, and your insurer wishes to waive notice of proceedings, or to abandon rights of subrogation, or both, in respect of your Disputes Tribunal claim.

Completing and submitting this form
  • 1 This form is to be filled in by you (you must fill in Part 1) and your insurer (it must fill in Parts 2 to 4).

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that you and your insurer have signed and dated it.

  • 4 Submit this form with your Disputes Tribunal Claim Form.

  • 5 Submit this form by post or in person to your closest District Court.

What is subrogation?

Subrogation is an insurer taking the place of an insured person, and having the benefit of the insured person’s rights, in respect of the insured person’s claim against a third person.

Part 1: Parties and insurers

Applicant's name (individual or organisation):

Attention (organisation's contact):

   

First respondent's name (individual or organisation):

Attention (organisation's contact):

   

Name of second respondent (if any, individual or organisation):

Attention (organisation's contact):

   

Applicant's insurer's full legal name:

Attention (insurer's contact):

Part 2: Waiver of notice of proceedings

Does the applicant's insurer require notice? Yes / No

Part 3: Subrogation

Select and complete the options that apply.

There are no uninsured losses.

or

There are uninsured losses of the following amount, namely: $[amount]

The insured losses are of the following amount, namely: $[amount]

The applicant's insurer abandons subrogation rights in respect of $[amount] and wishes to exercise subrogation rights in respect of the balance of the insured losses of $[amount].

or

The applicant's insurer abandons all subrogation rights.

Part 4: Applicant's insurer's details

Insurance claim number:

Applicant's insurer's full legal name:

Attention (insurer's contact):

Contact details

Daytime telephone number:

Mobile telephone number:

Fax number:

Email address:

Insurer’s signature:

Date:

Applicant’s signature:

Date:


Form 6
Disputes Tribunal: Notice of objection to enforcement of order

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What is this form for?

Use this form to object to an application made to a District Court for the issue of any process to enforce an order—

  • requiring you to pay money as an alternative to compliance with a work order; and

  • that you believe that you have already complied with.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 A notice of objection may only be given on the ground that you believe that the order of the Disputes Tribunal requiring you to pay money has been complied with.

  • 4 This form must be submitted within 21 days after you are given notice of the application to a District Court for the issue of any process to enforce the order requiring you to pay money.

  • 5 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 6 Submit this form by post or in person to the District Court where the Disputes Tribunal claim was heard.

Part 1: Party (individual or organisation) objecting to enforcement of order

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First party (individual or organisation) seeking enforcement of order

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second party (another individual or organisation, if any) seeking enforcement of order

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 5: Declaration

I, the objector, believe the order was fully complied with on or before: [date].

Signature:

Date:


Form 7
Disputes Tribunal: Request to enforce work order

r 21

What is this form for?

Use this form to make a request for the enforcement of a work order.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 4 You must submit a copy of your request and any relevant supporting evidence by post or in person to the District Court where your original Disputes Tribunal claim was heard.

Part 1: Applicant (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 5: Request

State the following information:

  • the term(s) of the order you want enforced:

  • the reasons why you consider the order has not been complied with:

  • whether the other party has complied with the alternative money order:

  • all other relevant information (if any).

Signature:

Date:


Form 8
Disputes Tribunal: Request to enforce term of agreed settlement

r 22

What is this form for?

Use this form if you wish to have enforced a term of an agreed settlement that has not been complied with.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 4 Submit this form by post or in person to the District Court where your original Disputes Tribunal claim was heard.

Part 1: Applicant (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 5: Request

State the term you want enforced, the reasons why you consider the term has not been complied with, and any other relevant information.

Signature:

Date:


Form 9
Disputes Tribunal: Application for rehearing

r 23

What is this form for?

Use this form to apply for a rehearing of your dispute. An application for rehearing can only be made after a Disputes Tribunal order (or approval of agreed settlement or variation of term of agreed settlement). You should provide reasons and evidence to support your application.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 This application must be filed within 28 days of the Disputes Tribunal order (or approval of agreed settlement or variation of term of agreed settlement). If an order made by the Tribunal requires you to make a payment within that 28-day period for filing, you should file this application as early as possible before or after the order requires you to make that payment.

  • 4 If you are filing after that 28-day period for filing, you will need to write to the Disputes Tribunal seeking permission for your application to be considered, and explaining your reason for filing late.

  • 5 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 6 Submit this form by post or in person to the District Court where your original Disputes Tribunal claim was heard.

What happens after you have submitted this form

Filing this application does not affect any enforcement action. You can, however, apply to the District Court (but a filing fee is payable for an application) for a stay of proceedings.

Part 1: Applicant (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Grounds

State the reasons you are applying for a rehearing.

Part 5: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Signature:

Date:


Form 10
Notice of appeal to District Court against decision of Disputes Tribunal

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What is this form for?

Use this form to appeal to a District Court against a decision of the Disputes Tribunal.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 The only grounds for an appeal are that the manner in which the Referee conducted the hearing (for example, because the Referee failed to have regard to a provision of an enactment brought to the Referee's attention) or the manner in which the investigator carried out the investigation was—

    • (a) unfair to you; and

    • (b) prejudicially affected the result of the proceedings.

  • 4 This notice of appeal must be filed within 28 days of the Disputes Tribunal’s order (or approval of agreed settlement or variation of term of agreed settlement).

  • 5 If you are filing after that 28-day period for filing, you should do so only within any further time for filing that you have sought by an application made to, and have been allowed by, a District Court Judge.

  • 6 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 7 Submit this form and any relevant supporting evidence by post or in person to the District Court where your original Disputes Tribunal claim was heard.

Part 1: Appellant (you, the individual or organisation appealing against the Tribunal's decision)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Appellant's insurer (if any)

If your insurer was a party to the claim (under section 28(4) or (5), 29(3)(b), or 35(6) of the Act), complete the following:

Your insurer's full legal name:

Your insurance claim number:

Your insurer’s postal address:

Part 5: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 6: Appeal

What are you appealing against?

State what was—

  • (a) unfair to you; and

  • (b) prejudicially affected your claim.

   

Forms submitted by (select the option that applies):

Appellant:

or

Appellant’s lawyer:

       

Signature:

Date:


Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 19 May 2011, amend the Disputes Tribunals Rules 1989.

A new rule 4A is inserted to require a new prescribed form to be used. The form is for a memorandum of an agreement by the parties to a claim, under section 13(1) of the Disputes Tribunals Act 1988 (the Act), that a Disputes Tribunal have jurisdiction to hear and determine the claim despite the amount or value of the subject-matter claimed or in issue exceeding $15,000 (but not exceeding $20,000).

Rule 23 is amended to require a new prescribed form to be used for an application for a rehearing under section 49 of the Act.

A new rule 33 is substituted for rule 33. New rule 33(1), like its predecessor, requires the Registrar to keep a record of the proceedings of the Disputes Tribunal. However, that record is no longer required to be kept by entries in books belonging to the Tribunal, in accordance with directions given under the Minister's authority. New rule 33(2) relates to the record that section 51(2) of the Act requires the Referee who heard proceedings of the Tribunal to keep (a record sufficient to enable that Referee to furnish to the Registrar, within 28 days after a notice of appeal has been lodged, a report under section 51(1) of the Act on, and on the reasons for, the manner in which the proceedings were conducted). New rule 33(2) requires that record to include an audio or audiovisual recording of the proceedings.

Rule 35 is amended by adding a new rule 35(3), which ensures that nothing in rule 35 enables a person to search, inspect, or take a copy of, or limits or affects any entitlement that any parties to an appeal to a District Court have under the Act or under rules of court to access or be served with,—

  • the record (of proceedings) that section 51(2) of the Act requires a Referee to keep; or

  • a copy of a report (on the manner in which the proceedings were conducted) furnished (by a Referee) or compiled (by a Registrar) under section 51(1) or (3) of the Act.

The Schedule is amended to substitute or, as the case requires, insert the following new forms:

  • new form 1—claim form:

  • new form 1A—agreement to extend financial limit:

  • new form 4—acknowledgment from applicant's insurer:

  • new form 6—notice of objection to enforcement of order:

  • new form 7—request to enforce work order:

  • new form 8—request to enforce term of agreed settlement:

  • new form 9—application for rehearing:

  • new form 10—notice of appeal.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 April 2011.

These rules are administered by the Ministry of Justice.