Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
538 District Court to enforce DRS

(1)

The District Court may,—

(a)

on the application of a student claimant or a DRS operator, make an order requiring a provider or signatory provider to comply with the rules of the DRS or to give effect to any resolution that is binding under section 536(7); or

(b)

on the application of the provider or signatory provider or a DRS operator, make an order requiring a student claimant to give effect to any resolution that is binding under section 536(7); or

(c)

on the application of a student claimant, provider, or signatory provider, make an order—

(i)

modifying the terms of an adjudicated resolution of a dispute by a DRS operator if the District Court is satisfied that the terms are manifestly unreasonable; and

(ii)

requiring the student claimant, provider, or signatory provider to give effect to the modified resolution.

(2)

If an order (or part of an order) requiring the provider or signatory provider to comply with the resolution or modified resolution requires the provider or signatory provider to pay any sum of money to any person, that order (or part) may be enforced as if it were a judgment by the District Court for the payment of that sum of money to that person.

(3)

[Repealed]

(4)

An order made under subsection (1)(c) overrides section 536(7).

Compare: 1989 No 80 s 238O

Section 538(1)(a): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 538(1)(b): amended, on 1 August 2022, by section 73 of the Education and Training Amendment Act 2022 (2022 No 38).

Section 538(1)(c): inserted, on 1 August 2022, by section 59(1) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 538(2): amended, on 1 August 2022, by section 59(2) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 583(3): repealed, on 1 August 2022, by section 59(3) of the Education and Training Amendment Act 2022 (2022 No 38).

Section 538(4): replaced, on 1 August 2022, by section 59(4) of the Education and Training Amendment Act 2022 (2022 No 38).