Residential Tenancies Act 1986

If you need more information about this Act, please contact the administering agency: Ministry of Housing and Urban Development
83 Transfer of proceedings to District Court

(1)

Where any proceedings have been commenced before the Tribunal that the Tribunal has no jurisdiction to hear and determine, the Tribunal may, instead of striking out the proceedings, order that they be transferred to the District Court in its ordinary civil jurisdiction.

(2)

The Tribunal may order that any proceedings be transferred to the District Court in its ordinary civil jurisdiction if the Tribunal is satisfied that the proceedings would be more properly determined in that court.

(3)

The Tribunal shall not make an order under subsection (1) or subsection (2) in respect of a claim if any agreement of a kind described in section 81(2) requires that the claim be submitted to arbitration.

(4)

Any proceedings transferred to the District Court under this section shall be deemed to have been commenced by action in that court, and shall be dealt with by that court accordingly.

Section 83(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 83(2): replaced, on 1 May 1996, by section 33 of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 83(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 83(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).