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Canterbury Earthquakes Insurance Tribunal Bill
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Contents
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Hon Andrew Little
Canterbury Earthquakes Insurance Tribunal Bill
Government Bill
82—3
Contents
Key
1
Title
2
Commencement
2
Commencement
Part 1
Purpose, preliminary provisions, eligibility, bringing claims, and case management
Subpart 1—Purpose and preliminary provisions
3
Purpose
4
Overview of Act
5
Definitions
6
Transitional, savings, and related provisions
7
Act binds the Crown
Subpart 2—Eligibility criteria and parties to claim before tribunal
8
Application of Act
9
Eligibility criteria to bring claim before tribunal
10
Bringing claim to tribunal
11
Additional parties and removal of parties
Subpart 3—Bringing claims to tribunal, ineligible claims, and status of claims under other enactments
Bringing claims by application to tribunal
12
Claim brought by application to tribunal
13
Applications that chairperson may accept
14
Serving notice on respondent
15
Response from respondent
Bringing claims to tribunal by transfer of proceedings from court
16
Claim brought by transfer of proceedings from court
Ineligible claims because of proceedings in another forum
17
Application ineligible because of proceedings or decision in another forum
18
Withdrawal of claim on claimant commencing proceedings in another forum
Status and effect of claim under other enactments
19
Status and effect of claim under other enactments
Subpart 4—Case management
20
Managing claims and natural justice
First case management conference
21
Notifying date for first case management conference
22
Attendance at first case management conference
23
Accompanying party at first case management conference
24
Matters for first case management conference
25
Independence of expert advisers
Further case management
26
Further case management
27
Powers of tribunal
28
Transfer of claim to court
Part 2
Mediation and adjudication of claims
Subpart 1—Mediation
29
Application of this subpart
30
Mediation services
31
Independence of mediators
32
Procedure in relation to mediations
33
Confidentiality
34
Settlements to be provided to chief executive and tribunal
35
Enforcement of mediated settlements
36
Mediation services not to be questioned as being inappropriate
Subpart 2—Adjudication, enforcement, and appeals
37
Managing adjudication of claims and natural justice
38
Case management conference to prepare for hearing
39
Powers of tribunal
39A
Tribunal’s powers to seek and receive evidence, investigate, and make inquiries
40
Expert advisers
41
Hearing of claim
41A
Consolidation of expert evidence on same subject matter for multiple claims
42
Further provisions relating to tribunal
Tribunal’s decision
43
Matters tribunal may decide
44
Tribunal’s decision: substance
45
Costs
46
Tribunal may award interest
47
Tribunal’s decision: form
48
Nothing done by or relating to tribunal invalid because of failure to comply with technicality or legal form
49
Suppression orders
Enforcement, referral of questions of law to High Court, and appeals
50
Enforcement of tribunal decisions (other than costs awards)
51
Questions of law may be referred to High Court
52
Appeals
Part 3
Canterbury Earthquakes Insurance Tribunal
Subpart 1—Canterbury Earthquakes Insurance Tribunal established
53
Canterbury Earthquakes Insurance Tribunal established
54
Nature of proceedings
55
Appointment of members of tribunal
56
Performance of functions of tribunal
57
Further provisions relating to tribunal members
Chairperson’s responsibilities
58
Assignment of member to act as tribunal
59
Orderly and efficient operation
60
Delegation by chairperson
Registrar and staff of tribunal
61
Registrar and staff
Subpart 2—Contempt, exclusion of liability, tribunal records, regulations and rules, and consequential amendments
62
Contempt of tribunal
63
Exclusion of liability
64
Tribunal records
Regulations and rules
65
Regulations
66
Rules of court: District Court and High Court
Consequential amendments
67
Consequential amendments to
Acts
enactments
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Further provisions relating to tribunal and members
Schedule 3
Consequential amendments to Acts
Schedule 3
Consequential amendments to enactments
Legislative history
The Parliament of New Zealand enacts as follows: