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Disputes Tribunal Act 1988

2: Interpretation

You could also call this:

"What special words mean in the Disputes Tribunal Act"

Illustration for Disputes Tribunal Act 1988

When you read the Disputes Tribunal Act 1988, some words have special meanings. You need to know what these words mean to understand the Act. The Act explains what these words mean. You are an applicant if you make a claim to the Tribunal or if you are already in a proceeding that has been transferred to the Tribunal under section 24(3) or (4) or section 37. If you are an applicant, you can also be a party to the proceedings. The Tribunal is a special group that helps people resolve disputes. The Tribunal has its own rules and procedures that you must follow. Some other important words in the Act include authenticated, chief executive, claim, intellectual property, and work order. Authenticated means that a document has been signed and dated, or that it has been electronically identified. The chief executive is the person in charge of the Ministry of Justice. A claim is when you take a dispute to the Tribunal. Intellectual property refers to rights under the Patents Act 2013, the Designs Act 1953, the Trade Marks Act 2002, the Copyright Act 1994, or the Plant Variety Rights Act 2022. A work order is when the Tribunal tells someone to fix a problem or do some work. The Act also explains what it means to lodge a document, who the Minister and Registrar are, and what writing means. To lodge a document means to give it to the Tribunal with the right fee. The Minister is the Minister of Justice. The Registrar is the person who helps run the Tribunal. Writing can be on paper or electronic. The Tribunal has a Principal Disputes Referee and Referees who help make decisions. The Principal Disputes Referee is in charge of the Referees. A Referee is a person who makes decisions for the Tribunal. You should also know that the Act talks about respondents, who are people against whom a claim is made. The Tribunal can make orders, including work orders, to help resolve disputes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133287.

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2Interpretation

  1. In this Act, unless the context otherwise requires,—

    applicant means a person who lodges a claim with the Tribunal or who claims relief in any proceedings transferred to the Tribunal under section 24(3) or (4) or section 37; and includes any person who becomes a party to proceedings on any claim in the capacity of an applicant

      authenticated, in relation to an acknowledgement under section 28 or section 29, means—

      1. that the acknowledgement is signed and dated; or
        1. if the acknowledgement is in electronic form, that it, by the use of any electronic means, adequately identifies the person responsible for its content and the date of authentication

          chief executive means the chief executive of the Ministry of Justice

            claim means a cause of action in respect of which—

            1. the Tribunal has jurisdiction under sections 10 to 11; and
              1. proceedings have been—
                1. commenced in the Tribunal under section 24(1); or
                  1. transferred to the Tribunal under section 24(3) or (4) or section 37

                  intellectual property means any property right constituted by the Patents Act 2013, the Designs Act 1953, the Trade Marks Act 2002, the Copyright Act 1994, or the Plant Variety Rights Act 2022

                    Investigator means a person appointed under section 41(1) to inquire into, and report to the Tribunal upon, any matter of fact

                      lodge, except for the purposes of sections 50 and 51, in relation to a document, means to lodge or file the document in, or to send it by post or electronically to, any office of the Disputes Tribunal together with the filing fee (if any) that is payable, and lodges, lodging, and lodged have corresponding meanings

                        Minister means the Minister of Justice

                          prescribed means prescribed by rules made under this Act

                            Principal Disputes Referee means a person holding office as such under section 6A

                              Referee means a person holding office as such under section 7

                                Registrar means—

                                1. the person appointed under section 4B(1) as the Disputes Tribunal Registrar; or
                                  1. a Registrar or Deputy Registrar of the District Court performing functions under this Act

                                    respondent means any person against whom a claim is made, and any person who becomes a party to the proceedings on that claim in the capacity of a respondent

                                      Tribunal means the Disputes Tribunal established as a division of the District Court under section 4

                                        work order means an order to make good a defect in any property, or a deficiency in the performance of services, by doing such work or attending to such matters (including the replacement of any property) as may be specified in the order

                                          writing, except for the purposes of sections 6A, 6B, 6D, 7, and 40, includes writing in an electronic form, and written record has a corresponding meaning.

                                          Notes
                                          • Section 2 applicant: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                          • Section 2 authenticated: inserted, on , by section 26(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 chief executive: inserted, on , by section 26(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 claim paragraph(a): amended, on , by section 26(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 claim paragraph (a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                          • Section 2 claim paragraph (b)(i): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                          • Section 2 claim paragraph (b)(ii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                          • Section 2 intellectual property: amended, on , by section 159 of the Plant Variety Rights Act 2022 (2022 No 61).
                                          • Section 2 intellectual property: amended, on , by section 249 of the Patents Act 2013 (2013 No 68).
                                          • Section 2 intellectual property: amended, on , by section 201 of the Trade Marks Act 2002 (2002 No 49).
                                          • Section 2 intellectual property: amended, on , by section 236(1) of the Copyright Act 1994 (1994 No 143).
                                          • Section 2 Investigator: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                          • Section 2 lodge: inserted, on , by section 26(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 no claims bonus: repealed, on , by section 26(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 Principal Disputes Referee: inserted, on , by section 2 of the Disputes Tribunals Amendment Act 1998 (1998 No 84).
                                          • Section 2 Registrar: replaced, on , by section 26(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 Tribunal: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                          • Section 2 work order: amended, on , by section 26(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                                          • Section 2 writing: inserted, on , by section 26(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).