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Small Claims Tribunals Amendment Act 1985

Public Act		1985 No 38
Date of assent		8 March 1985

	Title
1	Short Title
2	Increase in jurisdiction of Tribunals
3	Further limitation of jurisdiction
	Administrative information

An Act to amend the Small Claims Tribunals Act 1976

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Small Claims Tribunals Amendment Act 1985, and shall be read together with and deemed part of the Small Claims Tribunals Act 1976 (hereinafter referred to as the principal Act).

2 Increase in jurisdiction of Tribunals

The principal Act is hereby amended by omitting from sections 9, 11, and 16 the expression “$500” wherever it appears, and substituting in each case the expression “$1,000”.

3 Further limitation of jurisdiction

Section 10 of the principal Act is hereby amended by repealing subsections (2) and (3), and substituting the following subsections:

“(2)

Notwithstanding subsection (1) of this section, a Tribunal may—

“(a)

Where a respondent raises a debt or liquidated demand as a defence by way of set-off, give effect to that defence:

“(b)

Where it dismisses a claim for a declaration under section 9(1)(b) of this Act in respect of a debt or liquidated demand, make an order under section 16(1)(a) of this Act requiring the claimant to pay the debt or liquidated demand, or part thereof, to the respondent.

“(3)

Except as provided in an enactment referred to in section 9(2) of this Act, a Tribunal shall have no jurisdiction in respect of any claim—

“(a)

For the recovery of land or any estate or interest therein:

“(b)

In which the title to any land, or any estate or interest therein, or to any franchise is in question:

“(c)

In which there is a dispute concerning the entitlement of any person under a will, or settlement, or on any intestacy (including a partial intestacy).”

This Act is administered in the Department of Justice.

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Small Claims Tribunals Amendment Act 1985