78 Orders of Tribunal

(1)

Without limiting the generality of section 77 or the nature or extent of orders that the Tribunal may make in the exercise of its jurisdiction, the Tribunal may, in respect of any claim within its jurisdiction (but subject to section 78A, if that section applies), make 1 or more of the following orders:

(a)

an order in the nature of a declaration, whether as to the status for the purposes of this Act of any premises or of any agreement or purported agreement, or as to the rights or obligations of any party, or otherwise:

(b)

an order that a party yield possession of any premises to any other party:

(c)

an order that a party deliver any specific chattels to any other party:

(d)

an order that a party pay money to any other party:

(e)

a work order:

(f)

where it appears to the Tribunal that an agreement between the parties, or any term of any such agreement, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, an order varying the agreement, or setting it aside (either wholly or in part):

(g)

where it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or that any writing purporting to express the agreement between the parties does not accord with their true agreement, an order varying, or setting aside, the agreement or the writing (either wholly or in part):

(h)

any other order that the High Court or the District Court may make under any enactment or rule of law relating to contracts:

(i)

an order dismissing an application.

(1A)

A person with an interest in premises that are not subject to a tenancy agreement may apply, without notice, to the Tribunal for an order under subsection (1)(a) declaring the status of the premises for the purposes of this Act.

(1B)

An order made on an application under subsection (1A) is binding on all parties to any subsequent proceedings before the Tribunal, but the Tribunal may, on application made in any such proceedings, rescind the order if satisfied that the order is wrong or, because of a change in circumstances, no longer applicable.

(2)

Where the Tribunal makes a work order against a party, it—

(a)

shall, where the order is made otherwise than by consent; and

(b)

may, where the order is made by consent,—

at the same time make an order under subsection (1)(d) to be complied with as an alternative to compliance with the work order.

(2AA)

Subsection (2) does not apply if the work order is a section 78A work order or if the work order, or any part of the work order, relates to any of the following:

(a)

smoke alarms:

(b)

a failure to comply with the healthy homes standards:

(ba)

decontamination:

(c)

a failure to comply with a standard of fitness or other requirement applying by virtue of section 120C of the Health Act 1956:

(d)

a failure to comply with any other requirement relating to health or safety under any enactment.

(2AAB)

A work order may include a provision authorising the party in whose favour the order is made—

(a)

to undertake any work covered by the order if—

(i)

the order is not complied with by the other party; and

(ii)

the other party has not complied with the alternative money order provided for by subsection (2) (if any); and

(b)

to charge the cost of undertaking the work (up to the amount specified by the Tribunal) to the other party.

(2AABA)

Subsection (2AAB) does not apply if the work order is a section 78A work order.

(2AAC)

Where any provision is made under subsection (2AAB)—

(a)

in favour of the landlord, the cost incurred by the landlord in undertaking any work in accordance with the provision (up to the amount specified by the Tribunal) is treated as rent in arrear and enforceable accordingly; or

(b)

in favour of the tenant, the tenant may set off the cost incurred in undertaking any work in accordance with the provision (up to the amount specified by the Tribunal) against rent payable by the tenant.

(2AAD)

Without limiting subsection (2AAC)(b), where the tenant becomes authorised by any provision made under subsection (2AAB) to undertake any work, the tenant may pay to the chief executive any sum that would otherwise be payable by way of rent, up to the amount specified by the Tribunal, until sufficient has been accumulated to enable the tenant to undertake the work.

(2AAE)

Where any sum is paid to the chief executive under subsection (2AAD), the chief executive must give to the tenant a receipt showing the particulars of the payment, and must send a copy of the receipt to the landlord.

(2AAF)

Any money paid to the chief executive under subsection (2AAD) must be paid by the chief executive into the Residential Tenancies Trust Account, and must be paid out of that Account by the chief executive to the tenant if the chief executive is satisfied that the money is to be applied by the tenant to meet the cost of the work.

(2AAG)

The inclusion in a work order of any provision under subsection (2AAB) does not limit any other rights or remedies of the party in whose favour the order is made.

(2A)

Where the Tribunal makes an order under any of paragraphs (b), (c), or (h) of subsection (1), the Tribunal may at the same time make an order under subsection (1)(d) to be complied with as an alternative to compliance with the first-mentioned order.

(2AB)

The Tribunal may record in an order made under subsection (1)(d) (a money order) 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 if—

(a)

the money order was made at a hearing at which both parties were present; and

(b)

the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and

(c)

both parties agreed on the terms of the attachment order, including the details specified in subsection (2AC).

(2AC)

If subsection (2AB) applies, the money order must include the following details:

(a)

the employer to whom the attachment order will relate; and

(b)

whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period); and

(c)

the amount or percentage to be deducted from salary or wages for the earnings period; and

(d)

the amount or percentage below which the net amount paid for the earnings period must not fall; and

(e)

the name and address of the person to whom the amounts deducted are to be paid; and

(f)

that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period.

(2AD)

Nothing in subsection (2AC)(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3) of the District Court Act 2016.

(2AE)

If subsection (2AC) is complied with, the money order may be filed in the District Court and, if so filed, sections 139(2) and 154 to 162 of the District Court Act 2016 apply to the extent they are applicable and subject to any necessary modifications.

(2AF)

For the purposes of subsection (2AB)(a), hearing includes mediation.

(2AG)

In this section, employer and salary or wages have the same meanings as in section 154 of the District Court Act 2016.

(2B)

Where the Tribunal makes any 2 orders under subsection (2) or subsection (2A), it is the right of the person in whose favour the order is made to choose which order to enforce under section 107.

(3)

Any order made by the Tribunal may be unconditional or subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose.

Section 78(1): amended, on 27 August 2019, by section 18(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 78(1)(h): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 78(1A): inserted, on 1 October 2010, by section 58 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 78(1B): inserted, on 1 October 2010, by section 58 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 78(2AA): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2AA): amended, on 27 August 2019, by section 18(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 78(2AA)(b): replaced, on 1 July 2019, by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 78(2AA)(ba): inserted, on 30 January 2021, by section 46 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 78(2AAB): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2AABA): inserted, on 27 August 2019, by section 18(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 78(2AAC): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2AAD): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2AAE): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2AAF): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2AAG): inserted, on 1 July 2016, by section 25 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 78(2A): inserted, on 1 May 1996, by section 32 of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 78(2AB): inserted, on 14 April 2014, by section 5 of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 78(2AB): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 78(2AC): inserted, on 14 April 2014, by section 5 of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 78(2AD): inserted, on 14 April 2014, by section 5 of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 78(2AD): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 78(2AE): inserted, on 14 April 2014, by section 5 of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 78(2AE): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 78(2AF): inserted, on 14 April 2014, by section 5 of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 78(2AG): inserted, on 14 April 2014, by section 5 of the Residential Tenancies Amendment Act 2011 (2011 No 46).

Section 78(2AG): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 78(2B): inserted, on 1 May 1996, by section 32 of the Residential Tenancies Amendment Act 1996 (1996 No 7).