Jurisdiction

77 Jurisdiction of Tribunal

(1)

The Tribunal has, subject to the Limitation Act 2010, jurisdiction to determine in accordance with this Act any dispute that—

(a)

exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and

(b)

relates to any tenancy to which this Act applies or to which this Act did apply at any material time.

(2)

Without limiting the generality of subsection (1), the Tribunal shall have jurisdiction to do the following things:

(a)

to determine whether any premises are or are not, or were or were not at any material time, residential premises to which this Act applies:

(ab)

to determine whether any premises are or are not, or were or were not at any material time, a boarding house as defined in section 66B:

(ac)

to determine whether any premises are or are not, or were or were not at any material time, unlawful residential premises as defined in section 78A(2):

(b)

to determine whether there is or is not, or was or was not at any material time, a tenancy agreement to which this Act applies in force in respect of any residential premises, and to determine the terms of and the parties to any such agreement:

(c)

to determine whether any tenancy is or is not, or was or was not at any material time, a service tenancy:

(d)

to determine whether any rent that is, or that was at any material time, being charged in respect of any tenancy to which this Act applies does or does not or did or did not exceed the market rent for that tenancy by a substantial amount, and, where the rent does or did exceed the market rent by a substantial amount, to make such order relating to the rent as it thinks just:

(e)

where any rent is, was, or will be required wholly or partly in a form other than money, to determine in monetary terms the value of the rent so required:

(f)

to determine whether or not any notice purporting to terminate a tenancy to which this Act applies was or was not authorised by any of the provisions of this Act and given in the form and manner prescribed by or under this Act:

(g)

to determine whether any person is or is not entitled to possession of any premises by virtue of any provision of any tenancy agreement to which this Act applies, or by virtue of any breach by any other person of any provision of any such tenancy agreement, or on the expiry of any such tenancy agreement, and to make an order for the recovery of the premises by any person who is entitled to possession:

(h)

before the commencement of the tenancy, and on the application of either or both of the parties, to consent to the inclusion of any term in any tenancy agreement to which this Act applies, where the inclusion of that term would otherwise be contrary to any of the provisions of this Act:

(i)

during the tenancy, and on the application of both of the parties, consent to the inclusion of any term in any tenancy agreement to which this Act applies, where the inclusion of that term would otherwise be contrary to any of the provisions of this Act, and to make an order varying the agreement accordingly:

(j)

to order that a provision of this Act shall not apply to, or in relation to, any tenancy agreement or any residential premises, or shall apply in such modified form as the Tribunal may specify in the order:

(k)

to order the tenant under any tenancy agreement to which this Act applies to pay to the landlord any sum found to be owing by the tenant to the landlord, whether by way of rent in arrear or otherwise pursuant to the tenancy agreement, and to order the landlord under any such tenancy agreement to pay to the tenant the whole or any part of any sum found to have been paid by way of rent in excess of the amount lawfully payable, or of any other sum demanded or received by the landlord in contravention of any of the provisions of this Act:

(ka)

to determine whether, and the extent to which, the guarantor of a tenant is liable to the landlord under the guarantee, and to order the guarantor to pay to the landlord any sum found to be payable under the guarantee:

(l)

to order the landlord or the tenant under any tenancy agreement to which this Act applies to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of this Act, or to do anything that that party is required to do by any such provision:

(m)

to order the landlord or the tenant under any tenancy agreement to which this Act applies to refrain from doing anything if the doing of that thing by that party would constitute a contravention or (as the case may require) a further contravention of any express or implied provision of the tenancy agreement or any provision of this Act:

(maa)

to determine whether a landlord should not be required to provide for the installation of a fibre connection for the purposes of section 45B(2)(e):

(ma)

to make an order declaring a house rule of a boarding house unlawful, or requiring a landlord to apply a house rule in a particular manner, or to vary a house rule, or to set a house rule aside:

(mb)

to order the landlord to refrain from exercising the power under section 66R(2) to enter the boarding room of a tenant under a boarding house tenancy:

(mc)

to make orders under section 62B or in accordance with any regulations made for the purposes of section 62(3A) concerning goods left on the premises on the termination of a tenancy:

(md)

to make orders in accordance with section 78A (which relates to unlawful residential premises) if that section applies:

(me)

to make orders for a person to pay a pecuniary penalty under sections 109B to 109E:

(mf)

to determine objections to improvement notices under section 126M:

(n)

to order the landlord or the tenant under any tenancy agreement to which this Act applies to pay to the other party such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any express or implied provision of the tenancy agreement or any provision of this Act:

(o)

to consider and determine any complaint by any party to a tenancy agreement or by the chief executive that any person has committed an unlawful act, and, where it finds such a complaint to be proved, to order the payment of such sum in the nature of exemplary damages, not exceeding the maximum prescribed by this Act, as the Tribunal may think just:

(p)

to approve the assignment by the tenant of the rights of the tenant under any tenancy agreement to which this Act applies, or the subletting by the tenant under any such tenancy agreement of the whole or any part of the premises, where the Tribunal finds that the landlord has withheld consent unreasonably and the assignment or subletting is not absolutely prohibited by the tenancy agreement:

(pa)

to record in any order requiring a party to pay money to any other party that the parties have agreed to enforce the payment of the amount specified in that order by way of an attachment order made under the District Court Act 2016:

(q)

to make orders of a consequential or ancillary nature necessary to exercise or perfect the exercise of any of its jurisdiction.

(2A)

If subsection (2)(pa) applies, then section 78(2AB) to (2AD) apply.

(2B)

If section 78A applies in any matter, the Tribunal’s jurisdiction under subsection (2)(k) and (n) of this section, in relation to that matter, is subject to that section.

(2C)

Nothing in this Act requires the Tribunal to inquire, in the case of every dispute within its jurisdiction, into whether premises are, or were at any material time, unlawful residential premises.

(3)

The Tribunal shall have jurisdiction to make an order for the recovery by any person of any residential premises to which this Act applies, or the eviction of any person from any such premises, regardless of the value of the premises or the amount of any rent payable for the premises.

(4)

In respect of tenancy agreements, the Tribunal has jurisdiction to exercise, and may exercise, all the powers conferred on a court by section 264 of the Property Law Act 2007 (which relates to the granting of relief to the tenant against the landlord’s refusal to enter into a renewal of a tenancy agreement or to sell the landlord’s interest in the premises to the tenant).

(4A)

The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to the landlord’s conduct in the landlord’s capacity as a provider of health or disability services and the conduct is of a kind about which a complaint may be made under the Health and Disability Commissioner Act 1994.

(5)

Despite subsection (1), the Tribunal does not have jurisdiction to require any party to pay any sum, or to do any work to a value, or otherwise to incur any expenditure, in excess of $100,000.

(6)

Subsection (5) shall not prevent a party from abandoning so much of a claim as exceeds $100,000 in order to bring the claim within the jurisdiction of the Tribunal; and, in any such case, an order of the Tribunal under this Act in relation to the claim shall operate to discharge from liability in respect of the amount so abandoned any person against whom the claim and the subsequent order is made.

(7)

Subsection (5) does not affect a claim relating to a tenancy that is for a balance of not more than $100,000 that results from a set-off or any counterclaim in respect of the same tenancy, if the set-off or counterclaim is admitted by the claimant in the notice of claim.

(7A)

The Tribunal does not have jurisdiction to consent to a person charging a tenant a letting fee.

(7B)

The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to whether a tenant of premises who gave notice accompanied by qualifying evidence under section 56B was in fact a victim of family violence while a tenant of the premises.

(8)

A cause of action shall not be divided into 2 or more claims for the purpose of bringing it within the jurisdiction of the Tribunal.

Section 77(1): replaced, on 1 October 2010, by section 57(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(1): amended, on 1 July 2016, by section 24 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 77(2)(ab): inserted, on 1 October 2010, by section 57(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(2)(ac): inserted, on 27 August 2019, by section 17(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 77(2)(f): amended, on 11 February 2021, by section 50(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(2)(ka): inserted, on 1 October 2010, by section 57(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(2)(maa): inserted, on 11 February 2021, by section 50(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(2)(ma): inserted, on 1 October 2010, by section 57(4) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(2)(mb): inserted, on 1 October 2010, by section 57(4) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(2)(mc): inserted, on 1 October 2010, by section 57(4) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(2)(mc): amended, on 30 January 2021, by section 45 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 77(2)(md): inserted, on 27 August 2019, by section 17(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 77(2)(me): inserted, on 11 February 2021, by section 50(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(2)(mf): inserted, on 11 February 2021, by section 50(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(2)(o): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 77(2)(p): amended, on 1 October 2010, by section 57(5) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(2)(pa): inserted, on 14 April 2014, by section 4(1) of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 77(2)(pa): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 77(2A): inserted, on 14 April 2014, by section 4(2) of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 77(2B): inserted, on 27 August 2019, by section 17(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 77(2C): inserted, on 27 August 2019, by section 17(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 77(4): replaced, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

Section 77(4A): inserted, on 1 October 2010, by section 57(6) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(5): replaced, on 1 October 2010, by section 57(7) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(5): amended, on 11 February 2021, by section 50(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(6): amended, on 11 February 2021, by section 50(5) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(6): amended, on 1 October 2010, by section 57(8) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(7): replaced, on 1 October 2010, by section 57(9) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 77(7): amended, on 11 February 2021, by section 50(6) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 77(7A): inserted, on 12 December 2018, by section 8 of the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 (2018 No 44).

Section 77(7B): inserted, on 11 August 2021, by section 50(7) of the Residential Tenancies Amendment Act 2020 (2020 No 59).