The District Court has a division known as the Disputes Tribunal.

Each Disputes Tribunal that is in existence immediately before this section comes into force ceases to be a division of the District Court and is constituted an office of the Tribunal.

The Minister may from time to time, by notice in the Gazette,—

The chief executive may establish a Registry for the Disputes Tribunal and may appoint a person to be the Disputes Tribunal Registrar.

The office of Disputes Tribunal Registrar may be held in conjunction with any other office in the public service.

The functions of the Disputes Tribunal Registrar are—

The Ministry of Justice must provide the resources and administrative support necessary to enable the Disputes Tribunal to perform its functions.

The jurisdiction of the Tribunal shall be exercised by a Referee holding office under section 7.

If the Referee hearing any proceedings in respect of a claim dies, or becomes incapacitated, or is for any other reason unable or unavailable to complete the hearing or dispose of the proceedings, they shall be heard afresh by another Referee, unless the parties agree that the proceedings be disposed of in another way.

A Registrar must schedule the days, times, and places for the regular sittings of the Tribunal and, when doing so, must implement any directions given under subsection (2).

The Principal Disputes Referee is responsible for the rostering and training of Referees and may give any directions he or she considers necessary for these purposes. Before giving any direction, the Principal Disputes Referee must consult the Chief District Court Judge.

If for any reason the office of Principal Disputes Referee is vacant, or if for any reason the Principal Disputes Referee is unable to perform his or her functions under subsection (2), the Chief District Court Judge must—

The Governor-General may, from time to time, by warrant under his or her hand and on the advice of the Minister of Justice, appoint a Principal Disputes Referee.

No person may be appointed as Principal Disputes Referee unless that person—

The criteria and procedures for appointment may be further prescribed by rules made under section 60; but the failure to make any such rules does not preclude the appointment or reappointment of a person as Principal Disputes Referee.

Subject to subsection (5), every person appointed as Principal Disputes Referee holds office for a term of up to 5 years and, subject to subsection (2), may from time to time be reappointed.

A Principal Disputes Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, or inability, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign the office of Principal Disputes Referee by notice in writing addressed to the Minister.

Unless the person sooner vacates the office under subsection (5), a Principal Disputes Referee continues in office until—

Whenever, by reason of illness, absence from New Zealand, or any other cause, the Principal Disputes Referee is prevented from exercising the functions and powers of his or her office, the Governor-General may, by writing under his or her hand, appoint any other Referee to act as Principal Disputes Referee until the Principal Disputes Referee resumes his or her duties.

While a person acts as Principal Disputes Referee, the person may execute the duties of that office and may exercise all the functions and powers that may be lawfully exercised by the Principal Disputes Referee.

The functions of the Principal Disputes Referee are—

Without limiting the generality of subsection (1), the Principal Disputes Referee may sit as a Referee and exercise the jurisdiction conferred on a Referee by this Act.

The Principal Disputes Referee also has such other powers as are necessary or expedient to enable the Principal Disputes Referee to perform his or her functions and duties.

The Principal Disputes Referee may delegate any of his or her functions, duties, and powers to a Referee who holds the qualifications set out in section 6A(2) and who the Principal Disputes Referee is satisfied has the necessary capability, skills, experience, and personal attributes to perform or exercise those functions, duties, and powers.

A delegation—

A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 9 for work undertaken in that capacity.

The Governor-General may, from time to time, by warrant under the Governor-General’s hand, appoint qualified persons to be Referees for the purposes of this Act.

A person is qualified to be appointed as a Referee only if that person—

Subject to subsection (4), every person appointed as a Referee shall hold office for a term not exceeding 5 years and, subject to subsection (2), may, from time to time, be reappointed.

A Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, inability, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign the office of Referee by notice in writing addressed to the Minister.

A Referee may—

that, in the opinion of the Governor-General, will not impair the proper discharge of the functions of a Referee.

Notwithstanding anything in subsection (3), every Referee shall, unless that Referee sooner vacates office under subsection (4), continue in office until—

A Referee who continues in office for any period under subsection (6), unless he or she was removed from office, may act as a Referee during that period for the purpose of—

A Referee who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

Where it is proposed to make an appointment or reappointment under section 7, the chief executive shall—

Every assessment panel appointed under subsection (1)(b) shall consist of—

Every assessment panel appointed under subsection (1)(b) shall, in accordance with the criteria and procedures prescribed in rules made under this Act, assess the candidates for the appointment or reappointment in respect of which that panel was appointed, and shall—

The Principal Disputes Referee and each Referee—

Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a).

For the purposes of subsection (1)(b), the Fees and Travelling Allowances Act 1951 applies as if the Principal Disputes Referee and each Referee were a member of a statutory Board as defined in section 2 of that Act.

Subject to this section and to section 11, the Tribunal shall have jurisdiction in respect of—

The Tribunal has jurisdiction to exercise any power conferred on a court by any enactment listed in Part 1 of Schedule 1 if—

The Tribunal shall have such other jurisdiction as is conferred upon it by any of the enactments specified in Part 2 of Schedule 1.

For the purposes of subsection (1), a claim is within the jurisdiction of the Tribunal only if the total amount in respect of which an order of the Tribunal is sought does not exceed $60,000, including,—

If it is necessary for the purposes of this Act to ascertain the value of any property or work or to resolve any dispute as to such value (whether for the purposes of subsection (3) or otherwise), that value shall be determined by the Tribunal in such manner as it thinks fit, and the Tribunal may, for that purpose, appoint an Investigator to report to it under section 41.

The Limitation Act 2010 prescribes defences in respect of claims based on an act or omission after 31 December 2010.

A debt or liquidated demand may be the subject of a declaration under section 10(1)(b), but, subject to subsection (2) of this section, a claim for a debt or liquidated demand is not within the jurisdiction conferred by section 10(1)(a) unless—

Notwithstanding subsection (1), the Tribunal may,—

Subject to subsection (4), no claim shall be heard and determined under this Act in respect of the destruction or loss of any property, or any damage or injury to any property, where any offender has been sentenced, under section 32 of the Sentencing Act 2002, to make reparation to the applicant in respect of that destruction, loss, damage, or injury.

Nothing in subsection (3) shall apply in respect of any claim under this Act to recover any damages in excess of the amount ordered to be paid to the applicant under any sentence of reparation.

Except as provided in an enactment referred to in section 10(1A) or (2), the Tribunal shall have no jurisdiction in respect of any claim—

In subsection (5) land does not include fixtures.

Without limiting section 10(1A) or (2), nothing in subsection (1) of that section in so far as it confers jurisdiction in quasi-contract on the Tribunal shall be construed as authorising a claim in respect of money due under any enactment.

In subsection (7) enactment means a provision of any Act or of any secondary legislation.

The Tribunal may hear and determine a claim in the nature of a counterclaim to which subsection (1)(b) applies notwithstanding that the original claim is withdrawn, abandoned, or struck out.

A person may abandon so much of a claim as exceeds $60,000 in order to bring the claim within the jurisdiction of the Tribunal; and in that event the approval of an agreed settlement under section 18(3) or, as the case may require, an order of the Tribunal under this Act or any other enactment, in relation to the claim, shall operate to discharge from liability in respect of the amount so abandoned any other person—

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.

A provision in any agreement (including one made before the commencement of this Act) to exclude or limit—

shall be of no effect.

Without limiting the generality of subsection (1), the Tribunal shall have jurisdiction in respect of a claim notwithstanding any agreement relating to that claim that provides for—

Subsection (1) does not apply where a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the claim based on that cause of action.

Despite subsection (2), the Tribunal does not have jurisdiction in respect of a claim if section 11(1) of the Arbitration Act 1996 applies.

Where a claim is lodged with the Tribunal, or transferred to the Tribunal under section 24(3) or (4) or section 37, and the claim is within the Tribunal’s jurisdiction, the issues in dispute in that claim (whether as shown in the initial claim or as emerging in the course of the hearing) shall not be the subject of proceedings between the same parties in any other court or tribunal unless—

Where subsection (1)(b) applies to proceedings before another court or tribunal, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties in the Tribunal unless the proceedings are transferred to the Tribunal under section 37 or the claim before the other court or tribunal is withdrawn, abandoned, or struck out.

The Tribunal shall, as regards every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the claim.

Without limiting the generality of subsection (1), in making an assessment under that subsection, the Tribunal shall have regard to any factors that, in the Tribunal’s opinion, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.

Where the parties reach an agreed settlement, the Tribunal may approve the settlement, and the settlement shall then take effect as if it were an order of the Tribunal made under subsection (8), and shall be enforceable in accordance with section 47.

In approving an agreed settlement pursuant to subsection (3), the Tribunal is not bound by the monetary restrictions in section 19(4) to (6).

An agreed settlement approved by the Tribunal under subsection (3) may include the terms of any agreement between the parties for payment of any amount specified in the agreed settlement to be enforced by way of an attachment order made under the District Court Act 2016.

If subsection (4A) applies, then section 19(1A) to (1C) apply.

Where—

the Tribunal shall proceed to determine the dispute.

The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

Without limiting the generality of subsection (6), the Tribunal may, in respect of any agreement or document that directly or indirectly bears upon the dispute between the parties, disregard any provision in that agreement or document that excludes or limits—

To give effect to its determination of the dispute under subsection (5), or in granting relief in respect of any claim that is not disputed (except where subsection (3) applies), the Tribunal shall make 1 or more of the orders that it is empowered to make under section 19 or under any other enactment.

The Tribunal may, as regards any claim within its jurisdiction, make 1 or more of the following orders:

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

If subsection (1A) applies, the money order must include the following details:

Nothing in subsection (1B)(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.

If subsection (1B) 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.

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

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.

Where the Tribunal makes a work order against a party, it shall, where the order is made under section 18(8) or section 46(2), at the same time make an order under subsection (1)(a) of this section to be complied with as an alternative to compliance with the work order.

Subject to section 20, the Tribunal shall not make an order under this Act that exceeds any of the monetary restrictions specified in subsection (5), and any order that exceeds any such restriction shall be entirely of no effect.

The monetary restrictions that apply for the purposes of subsection (4) are as follows:

Except as provided in subsection (3), the Tribunal shall not, in respect of a claim, make more than 1 of the orders authorised by paragraphs (a) to (d) of subsection (1), or by any other enactment, if the aggregate amount or value of those orders exceeds $60,000, and every order so made contrary to this subsection shall be entirely of no effect.

Nothing in subsection (1) shall restrict the making by the Tribunal of any order that it is authorised to make by any other enactment.

Subject to subsection (2), where the Tribunal makes an order under section 19(1)(a) or section 47(3)(b) that a party to the proceedings pay money to another party to the proceedings, the Tribunal may, if it thinks fit, order that there shall be included in the amount so ordered to be paid interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 of the Interest on Money Claims Act 2016, on the whole or any part of that amount for the whole or any part of the period between the date when the cause of action arose and the date of the making of the order.

Subsection (1) does not—

Where the Tribunal makes an order under section 19(1)(a) in respect of a debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law, or otherwise, there shall be included in the amount ordered to be paid interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 of the Interest on Money Claims Act 2016, for the period between the date as from which interest became payable and the date of the making of the order.

The monetary restrictions provided for by section 10(1A) and (3), and section 19(4) to (6) do not apply in respect of any interest claimed, payable, or ordered to be paid under this section.

The Tribunal may order that any part of any evidence given or the name of any witness not be published.

An order may be made subject to any conditions that the Tribunal considers appropriate.

A person who breaches an order made under this section is liable on conviction to a fine not exceeding $3,000.

A Referee must give reasons for his or her final decision in every proceeding.

If a final decision is given orally at the end of a hearing, that decision must be recorded in writing and the reasons for that decision must be included in the written decision.

The Tribunal must provide a copy of a final decision, including the written record of an oral decision, to the parties.

In this section, final decision means a decision that determines, or substantially determines, the outcome of any proceeding.

The Tribunal shall make or cause to be made a written record of the terms of—

The Tribunal shall, at the conclusion of the hearing, provide every party to the proceedings who is present at the hearing with a copy of every record made under subsection (1) in those proceedings.

A Registrar shall send a copy of every record made under subsection (1) in any proceedings to every party to those proceedings who is not present at the hearing.

Every agreed settlement approved by the Tribunal under section 18(3), and every order made by the Tribunal under section 18(8) or section 46(2) or section 47(3)(b), and every variation of a term of an agreed settlement under section 47(3)(a), shall be final and binding on all parties to the proceedings in which that settlement is approved or the order or variation is made, as the case may require, and, except as provided in section 50, no appeal shall lie in respect of any such order or variation or approved settlement.

Proceedings are commenced by the applicant lodging a claim in a form approved by the chief executive after consultation with the Principal Disputes Referee, together with the prescribed fee (if any), with any office of the Tribunal.

The Tribunal or a Registrar may, subject to subsections (3) and (4), order that the hearing be held at the place nearest, or at any place near, to where the applicant resides or carries on business.

Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37, and the Tribunal is satisfied that the claim can be more conveniently or fairly heard in some other office of the Tribunal, the Tribunal may order that the proceedings be transferred to that other office.

Where a claim is lodged with an office of the Tribunal, or transferred to that office under section 37, a Registrar may, on the application of any party, if all the parties to the claim consent, order that the proceedings be transferred to another office of the Tribunal.

When a claim is lodged in accordance with section 24, a Registrar shall—

Where the Tribunal finds that a person who appears to it to have a sufficient connection with the proceedings on a claim in the capacity of an applicant or a respondent has not been given notice of the proceedings, it may direct a Registrar to give, and the Registrar shall give, to such person notice of the claim, and of the time and place for hearing.

For the purposes of this section, a person has a sufficient connection with the proceedings on a claim if that person’s presence as an applicant or a respondent is necessary to enable the Tribunal to effectually and completely determine the questions in dispute in the claim or to grant the relief that it considers to be due.

Where a claim to which section 11(1)(b)(ii) applies is made at a hearing, the Tribunal may, in relation to that claim, dispense with the requirements of this section and of section 24(2), or any of those requirements, if it appears to the Tribunal that neither the respondent in the claim nor any other person will be prejudiced thereby.

Subject to subsection (2), the applicant, the respondent, and every person to whom notice of a claim has been given under section 25(1)(b)(ii) or section 25(2) shall be the parties to the proceedings on that claim.

The Tribunal may, at any time, order that the name of a person who appears to it to have been improperly joined as a party be struck out from the proceedings.

Subject to this section, a minor may be a party to, and shall be bound by, proceedings in the Tribunal as if the minor were a person of full age and capacity.

Where a minor who has not attained the age of 18 years is a party to any proceedings in the Tribunal, the Tribunal may, if it considers that it would be in the interests of the minor to do so,—

A person empowered by or under this section to control the conduct of the case of a minor may do all such things in the proceedings as that person could do if that person were a party to the proceedings in place of that minor.

Nothing in this section shall restrict the application of sections 103 to 110 of the Contract and Commercial Law Act 2017 to—

after proceedings have been commenced in the Tribunal.

In this section proceedings in the Tribunal means—

and includes any order made in proceedings as so defined.

This section applies to any claim for relief made by an applicant who has been, or is entitled to be, or seeks to be, indemnified (whether in whole or in part) by an insurer (in this section and in sections 29 to 34 referred to as the applicant’s insurer) for any loss caused by or arising out of the act, omission, or event on which the claim is based.

Where, in any proceedings lodged in the Tribunal, or transferred to the Tribunal under section 24(3) or (4) or section 37, the applicant makes a claim for relief to which this section applies, the applicant shall, at the time when the claim is lodged, or, in the case of a claim that is transferred to the Tribunal, as soon as practicable after the claim is transferred, notify a Registrar of the name and address of the applicant’s insurer.

Subject to sections 25(4) and 29(3), where, in any proceedings before the Tribunal, a Registrar receives notice of the name and address of the applicant’s insurer under subsection (2), the Registrar shall give notice of the proceedings to that insurer in accordance with section 25(1)(b)(ii).

Where, pursuant to subsection (3), an insurer receives notice of any proceedings before the Tribunal, that insurer shall be deemed, for the purposes of this Act, to be a party to those proceedings.

Where—

the Tribunal or a Registrar shall, on the application of the applicant’s insurer, order that that insurer be joined as a party to the proceedings.

Where, in any proceedings lodged in the Tribunal, or transferred to the Tribunal under section 24(3) or (4) or section 37, the applicant makes a claim for relief to which section 28 applies, the applicant may, at the time when the claim is lodged, or, in the case of a claim that is transferred to the Tribunal, as soon as practicable after the claim is transferred, lodge with the Tribunal an acknowledgement from the applicant’s insurer that that insurer does not require notice of the proceedings under section 25.

Every acknowledgement lodged under subsection (1) must be in a form approved by the chief executive after consultation with the Principal Disputes Referee, and must be signed or authenticated by both the applicant and the applicant’s insurer.

Where, in any proceedings before the Tribunal, an acknowledgement from the applicant’s insurer is lodged pursuant to subsection (1),—

In any acknowledgement lodged with the Tribunal under section 29(1) an insurer may, in respect of such sum as is specified in the acknowledgement, abandon the exercise of its rights of subrogation in relation to the cause of action that is the subject of the claim.

Where, pursuant to subsection (1), an insurer abandons its rights of subrogation in respect of a specified sum,—

Where, in any proceedings before the Tribunal, a claim for relief to which section 28 applies is made, the applicant shall, subject to section 27 and sections 32 to 34, be entitled to control the conduct of the applicant’s case, notwithstanding that the applicant’s insurer becomes a party to those proceedings pursuant to section 28(4) or (5) or section 29(3).

Notwithstanding anything in section 31, where, in any proceedings before the Tribunal,—

the applicant’s insurer shall, subject to this Act, be entitled—

Where, in any proceedings before the Tribunal,—

the Tribunal, where the evidence before it enables it to do so, shall indicate in that order what part of that amount relates to loss for which the applicant has not been indemnified by the applicant’s insurer.

Where, in any order made under section 19(1)(a), the Tribunal indicates that part of the amount ordered to be paid relates to loss for which the applicant has not been indemnified by the applicant’s insurer,—

Where, in any proceedings before the Tribunal,—

the Tribunal may,—

In striking out a claim pursuant to subsection (1), or in ordering the transfer of a claim pursuant to that subsection, the Tribunal may require the applicant’s insurer to give a written undertaking that—

An undertaking given by an insurer pursuant to subsection (2) is binding on the insurer, and is deemed to be a contract between the insurer and the applicant.

Any provision in any agreement (including one made before the commencement of this Act) that is inconsistent with any provision of this section or of sections 28 to 33, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect.

This section applies to any claim lodged in the Tribunal, or transferred to the Tribunal under section 24(3) or (4) or section 37, that is against a respondent who, if the claim were successful, might be entitled to be indemnified (in whole or in part) in respect of that claim by any insurer (in this section referred to as the respondent’s insurer).

Where any respondent receives notice of a claim to which this section applies, the respondent shall, as soon as practicable after receiving such notice, notify the respondent’s insurer of that claim.

At the commencement of a hearing of a claim, the Tribunal shall ascertain whether the claim is a claim to which this section applies, and if so, whether the respondent has notified the respondent’s insurer of that claim.

Where, pursuant to subsection (3), the Tribunal ascertains that the respondent has not notified the respondent’s insurer of the claim, the Tribunal may adjourn the proceedings, and upon such adjournment a Registrar shall forthwith notify the respondent’s insurer of the claim.

Where a claim is made in the course of any proceedings before the Tribunal, the Tribunal shall ascertain whether the claim is a claim to which this section applies, and if so, may adjourn the proceedings, and upon such adjournment a Registrar shall notify the respondent’s insurer of that claim.

Where a claim to which this section applies is made in any proceedings before the Tribunal, the Tribunal or a Registrar shall, on the application of any insurer who is entitled, under this section, to be notified of that claim, order that the insurer be joined as a party to those proceedings.

Where any proceedings have been commenced in, or transferred under section 24(3) or (4) or section 37 to, the Tribunal, and the Tribunal has no jurisdiction to hear and determine those proceedings, the Tribunal may, instead of striking out the proceedings, order that they be transferred to the District Court in its ordinary civil jurisdiction.

Where any proceedings have been commenced in, or transferred under section 24(3) or (4) or section 37 to, an office of the Tribunal, the Tribunal or a Registrar may, on the application of a party (other than an insurer who has become a party to those proceedings pursuant to section 28(4) or (5) or section 29(3) or section 35(6)) or of the Tribunal’s or that Registrar’s own motion, order that the proceedings be transferred to the District Court in its ordinary civil jurisdiction if, in the opinion of the Tribunal or that Registrar, the proceedings would more properly be determined in the District Court.

The Tribunal may order that proceedings commenced in, or transferred to, the Tribunal may be transferred to a Motor Vehicle Disputes Tribunal specified by it if the proceedings—

Any order made by the Tribunal under subsection (3) is to be treated as if it were an application filed at the office of the Motor Vehicle Disputes Tribunal.

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 16(2) requires that the claim be submitted to arbitration.

Where proceedings within the jurisdiction of the Tribunal have been commenced in the District Court before a claim in respect of the same issues between the same parties has been lodged in the Tribunal, or transferred to the Tribunal under this section, a District Court Judge or Registrar may, on the application of either party or of that Judge’s or that Registrar’s own motion, order that the proceedings be transferred to the Tribunal.

Where proceedings within the jurisdiction of the Tribunal have been commenced in the High Court before a claim in respect of the same issues between the same parties has been lodged in the Tribunal, or transferred to the Tribunal under this section, that court or a Judge of that court may, on the application of either party or of its or that Judge’s own motion, order that the proceedings be transferred to the Tribunal.

The Tribunal to which proceedings are transferred under subsection (1) or subsection (2) may have regard to any notes of evidence transmitted to it and it shall not be necessary for that evidence to be given again in the Tribunal unless the Tribunal so requires.

At the hearing of a claim every party shall be entitled to attend and be heard.

Subject to subsections (3) and (3A), no party shall be entitled to be represented at a hearing by a representative unless it appears to the Tribunal to be proper in all the circumstances to so allow, and the Tribunal approves such representative.

The following parties may be represented by a representative who is approved by the Tribunal:

If an insurer is a party, it may, subject to subsection (3B), be represented by any agent who—

For the purposes of subsection (3A), if the agent approved by the Tribunal is not an individual (for example a body corporate), an employee, officer, or member of the agent may carry out the duties of the agent under that subsection, but only if the individual concerned is also approved by the Tribunal.

Where a representative of a party is proposed for the Tribunal’s approval, the Tribunal shall satisfy itself that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party.

The Tribunal may permit any person nominated by a party to be present at the hearing and to assist the party in the presentation of his or her case if it appears to the Tribunal to be proper in all the circumstances to so permit, and the Tribunal approves such person.

No person approved by the Tribunal under subsection (5) shall be entitled to be heard at the hearing, and the Tribunal may exclude any such person from the hearing at any time.

The Tribunal shall not—

any person who is, or has been, enrolled as a barrister and solicitor, or who, in the opinion of the Tribunal, is, or has been, regularly engaged in advocacy work before other tribunals; but this prohibition does not apply where—

Where the Tribunal appoints any person under section 27(2)(a) or approves any person under subsection (2), (3), (3A), or (5) of this section, the Tribunal may impose in respect of any such appointment or approval such conditions as it considers necessary to ensure that any other party to the proceedings is not substantially disadvantaged by that appointment or approval.

All proceedings before the Tribunal shall be held in private.

Nothing in subsection (1) shall prevent the Tribunal from hearing 2 or more claims together if it appears to the Tribunal that it would be convenient to the Tribunal and the parties to do so.

Notwithstanding subsection (1), the Tribunal may permit to be present at any proceedings a person who has a genuine and proper interest either in those proceedings or in the proceedings of the Tribunal generally.

Evidence tendered to the Tribunal by or on behalf of a party to any proceedings need not be given on oath, but the Tribunal may at any stage of the proceedings require that such evidence, or any specified part of such evidence, be given on oath, whether orally or in writing.

The Tribunal may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it thinks fit.

All evidence and information received or ascertained under subsection (2) shall be disclosed to every party, and every party shall be given an opportunity to comment on it.

The Tribunal may receive and take into account any relevant evidence or information, whether or not that evidence or information would normally be admissible in a court of law.

The Tribunal may, if it thinks fit, appoint a person to inquire into, and report to it upon, any matter of fact having a bearing on any proceedings and may give such directions as to the nature, scope, and conduct of the inquiry as it thinks fit.

Where, in any proceedings before the Tribunal, a person is appointed under subsection (1) to report to the Tribunal on any matter,—

A person appointed under subsection (1) shall be paid, out of money appropriated by Parliament for the purpose, such fees and expenses as are fixed by a Registrar.

Where the case of any party is not presented to the Tribunal, after reasonable opportunity has been given to that party to do so, the issues in dispute in the proceedings may be resolved by the Tribunal, or relief in respect of an undisputed claim may be granted by it, on such evidence or information as is before it, including evidence or information obtained pursuant to section 40(2).

An order made by the Tribunal in the circumstances described in subsection (1) shall not be challenged on the ground that the case of the party was not presented to the Tribunal, but the party may apply for a rehearing under section 49 on the ground that there was sufficient reason for that party’s failure to present that party’s case.

The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Referee conducting the hearing of the matter, considers it appropriate and the necessary facilities are available.

Except as provided in this section, costs shall not be awarded against a party to any proceedings before the Tribunal.

Where, in the opinion of the Tribunal, a claim made by a party is frivolous or vexatious, it may, subject to any rules made under this Act, order that party to pay—

Where, in the opinion of the Tribunal, any party has—

the Tribunal may, subject to any rules made under this Act, order that party to pay to any other party the costs, or part of the costs, of that other party in connection with the proceedings.

Where—

the Tribunal may order the first-mentioned party to pay to the party who commenced the proceedings—

Subject to this Act and to any rules made under this Act and any practice notes issued under section 6C(1)(ha), the Tribunal shall adopt such procedure as it thinks best suited to the ends of justice.

Every order made by the Tribunal requiring a party to pay money or deliver specific property to another party is taken to be an order of the District Court and, subject to this section, may be enforced accordingly.

Where application is made to the District Court for the issue of any process to enforce an order provided for by section 19(3) (requiring a party to pay money to another as an alternative to compliance with a work order), a Registrar shall give notice of the application to the party against whom enforcement is sought.

If that party does not file in the court, within the period prescribed for so doing, a notice of objection in a form approved by the chief executive after consultation with the Principal Disputes Referee, the order may, after the expiry of that period, be enforced pursuant to subsection (1).

The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the Tribunal has been fully complied with and that that party therefore disputes the entitlement of the applicant to enforce it.

If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, a Registrar shall refer the matter to the Tribunal to be heard and determined under section 46(2).

Where—

the party in whose favour the work order was made may, instead of applying to the District Court for the issue of a process for enforcement pursuant to section 45(1), lodge in the Tribunal a request in a form approved by the chief executive after consultation with the Principal Disputes Referee that the work order be enforced.

Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on a notice under section 45(5) as if such request or notice were a claim lodged under section 24; and upon the hearing of the matter the Tribunal may—

After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal.

Where a term of an agreed settlement approved by the Tribunal under section 18(3) provides for a party to pay money or deliver specific property to another party, that term is taken to be an order of the District Court and, subject to this section, may be enforced accordingly.

Where—

the party who would benefit by the enforcement of the term may lodge in the Tribunal a request in a form approved by the chief executive after consultation with the Principal Disputes Referee for that term to be enforced.

Subsequent proceedings shall be taken on a request for enforcement under subsection (2) as if such request were a claim lodged under section 24; and upon the hearing of the matter the Tribunal may—

The Tribunal may order the rehearing of a claim following an application by a party, and may grant the application on any terms it thinks fit.

In any case, the Tribunal may order only 1 rehearing unless the Tribunal considers that the interests of justice require more than 1 rehearing.

A rehearing may be ordered under subsection (1) only—

Every application for a rehearing shall be made within 20 working days after the Tribunal’s order (or, in the case of an agreed settlement, the Tribunal’s approval of the settlement or the variation of a term of that settlement under section 47(3)(a), as the case may require) or within such further time as the Tribunal may, on application, allow, and shall be served upon the other parties to the proceedings.

Upon a rehearing being granted,—

Notwithstanding subsection (4)(b), if the party on whose application a rehearing is ordered does not appear at the time and place for the rehearing or at any time and place to which the rehearing is adjourned, the Tribunal may, without rehearing or further rehearing the claim, direct that the original order or approval or variation, as the case may be, be restored to full force and effect.

This Act shall apply to a rehearing in all respects as it applies to an original hearing.

On receipt of an application for a rehearing, the Tribunal may stay the implementation of the order, approval, or variation until the application is decided.

Any party to proceedings before the Tribunal may appeal to the District Court against an order made by the Tribunal under section 18(8) or section 46(2) or section 47(3)(b), or against the approval by the Tribunal of an agreed settlement under section 18(3), or against the variation of a term of an agreed settlement under section 47(3)(a), on the grounds that—

in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.

Without limiting the generality of subsection (1), a Referee shall be deemed to have conducted the proceedings in a manner that was unfair to the appellant and prejudicially affected the result if—

An appeal shall be brought by a party by the filing of a notice of appeal, in a form approved by the chief executive after consultation with the Principal Disputes Referee, in the District Court within 20 working days of the making or giving of the order or approval or variation appealed against, or within such further time as a District Court Judge may, on application, allow.

As soon as practicable after such notice of appeal has been filed, a Registrar shall lodge a copy of the notice in the Tribunal’s records relating to the proceedings.

A Registrar shall fix the time and place for the hearing of the appeal and shall notify the appellant.

A copy of every notice of appeal together with a notice of the time and place for hearing the appeal shall be served by a Registrar on every other party to the proceedings before the Tribunal, and each such party may appear and be heard.

The filing of a notice of appeal against an order or the approval of an agreed settlement or the variation of a term of an agreed settlement shall operate as a stay of any process for the enforcement of that order or that settlement or that variation, as the case may require, but the Tribunal may at any time, on the application of a party to the proceedings, order that any process may be resumed or commenced or, the process having been resumed or commenced, order that it be further stayed.

Within 28 days after the notice of appeal has been lodged in the Tribunal’s records under section 50(4), the Referee who heard the proceedings and, where applicable, the Investigator, shall furnish to a Registrar a report on the manner in which the proceedings were, or where applicable the inquiry was, conducted and the reasons therefor.

A Referee shall keep a record of the proceedings of the Tribunal sufficient to enable that Referee, if required, to furnish a report under subsection (1), and an Investigator shall do likewise in relation to an inquiry conducted by that Investigator.

Where, for any reason, the Referee who heard the proceedings or, where applicable, the Investigator, is unavailable to furnish the report, the report shall be compiled by a Registrar from such information as that Registrar is able to collect from the records of the Tribunal or otherwise.

A Registrar shall ensure that a copy of the report furnished or compiled under subsection (1) or subsection (3) is made available to the appellant, and to every other party to the proceedings, a reasonable time before the hearing of the appeal.

For the avoidance of doubt, it is hereby declared that section 107 of the District Court Act 2016 shall apply in respect of the hearing of every appeal under section 50.

On the hearing of the appeal a District Court Judge may—

In ordering a rehearing under subsection (1)(a), the Judge may give to the Tribunal such directions as the Judge thinks fit as to the conduct of the rehearing.

An appeal under this section shall be heard by a District Court Judge in chambers and, subject to this Act and to any rules made under this Act, the procedure at any such hearing shall be such as the Judge may determine.

No proceedings of the Tribunal, or order or other document of the Tribunal shall be set aside or quashed for want of form.

A Registrar shall ensure that assistance is reasonably available, either from that Registrar himself or herself, or from that Registrar’s staff, to any person who seeks it in completing the forms required by this Act, or by any rules made under this Act, in relation to the lodging of a claim in the Tribunal, an application for a rehearing, an appeal against an order or approval or variation made or given by the Tribunal, or the enforcement of an order or an agreed settlement in the Tribunal or in the District Court.

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who—

A Referee may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Referee, constitutes an offence against subsection (1), whether or not such person is charged with the offence; and any Registrar, or officer under a Registrar’s control, or constable may take such steps as are reasonably necessary to enforce such exclusion.

The following information must be published on an Internet site maintained by or on behalf of the chief executive:

A Registrar shall cause to be published, in such manner as the Minister from time to time directs, such particulars relating to proceedings in the Tribunal as the Minister specifies in the direction.

Subsection (1) is subject to section 20A.

A Referee, in the performance of his or her duties under this Act, shall have and enjoy the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4A to 4F of the Justices of the Peace Act 1957.

For the avoidance of doubt as to the privileges and immunities of Referees, parties, representatives, and witnesses in the proceedings of the Tribunal it is hereby declared that such proceedings are judicial proceedings.

The privileges and immunities referred to in subsection (2) shall extend and apply to—

A Referee, while acting as such, is an employee employed by the Crown for the purposes of the Injury Prevention, Rehabilatation, and Compensation Act 2001.

The Governor-General may from time to time, by Order in Council, make rules—

Without limiting the generality of subsection (1), rules may be made providing for the following:

Notwithstanding section 61, rules made under this section may make particular provision for—

Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Nothing in this Act shall limit or restrict the operation of the Crown Proceedings Act 1950.

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

The following enactments are hereby repealed, namely:

The enactments specified in Schedule 2 are hereby consequentially amended in the manner indicated in that schedule.

The repeal by subsection (1) of sections 5 and 6 of, and the Schedule of, the District Courts Amendment Act 1982 shall not affect the validity of anything validated by those sections or that schedule.

Every reference to a Small Claims Tribunal in any enactment (other than an enactment to which sections 62 to 81 apply or an enactment specified in Schedule 2) passed before the commencement of this section or in any document executed before that date, shall, after the commencement of this section, be deemed for all purposes to be a reference to the Disputes Tribunal established under this Act, and every reference to a Referee of a Small Claims Tribunal shall, after the commencement of this section, be deemed for all purposes to be a reference to a Referee of the Disputes Tribunal established under this Act.

Every Small Claims Tribunal established under section 4 of the Small Claims Tribunals Act 1976 before the commencement of this section shall, if that Tribunal was subsisting immediately before the commencement of this section, be deemed for all purposes to have been established as a Disputes Tribunal under this Act.

Every person who, immediately before the commencement of this section, held office as a Referee pursuant to section 7 of the Small Claims Tribunals Act 1976 shall, without further appointment, be deemed as from the commencement of this section for all purposes to have been appointed as a Referee under this Act, and that person’s warrant of appointment shall be construed accordingly.

All proceedings commenced under the Small Claims Tribunals Act 1976, and pending or in progress at the commencement of this section, may be continued, completed, and enforced under this Act.

Any form that was printed, before the commencement of this section, in the form prescribed by or under, and for the purposes of, the Small Claims Tribunals Act 1976 may be used for the purposes of this Act after the commencement of this section, and it shall not be necessary, merely because of any of the provisions of this Act, to alter any printed material in any such form.