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Disputes Tribunal Act 1988

Jurisdiction, functions, and orders of Tribunal

16: Contracting out prohibited

You could also call this:

"You can't agree to stop the Tribunal from hearing your dispute."

Illustration for Disputes Tribunal Act 1988

You cannot agree to exclude the Tribunal from hearing a dispute. The Tribunal can hear a claim even if you agreed to arbitration. If you have already agreed to settle a claim, this rule does not apply. The Tribunal does not have jurisdiction if section 11(1) of the Arbitration Act 1996 applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133654.

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15: Cause of action not to be divided, or

"You can't split a dispute into parts to take to the Tribunal, it must be heard all at once."

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17: Exclusion of other jurisdictions, or

"The Tribunal is the only court that can deal with your claim, unless special rules apply."

Part 2Jurisdiction, functions, and orders of Tribunal

16Contracting out prohibited

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

  2. the jurisdiction of the Tribunal; or
    1. the right of any person to invoke that jurisdiction—
        1. shall be of no effect.

      1. 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—

      2. the submission to arbitration of any dispute or difference; or
        1. the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to the agreement.

          1. 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.

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

          Compare
          • 1976 No 35 s 13
          Notes
          • Section 16(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 16(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 16(4): added, on , by section 11 of the Arbitration Amendment Act 2007 (2007 No 94).
          • Section 16(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).