Disputes Tribunal Act 1988

Jurisdiction, functions, and orders of Tribunal

17: Exclusion of other jurisdictions

You could also call this:

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

Illustration for Disputes Tribunal Act 1988

When you take a claim to the Tribunal, or it gets transferred there under certain sections like section 24(3) or (4) or section 37, the issues in dispute cannot be taken to another court or tribunal at the same time, unless certain conditions are met. You cannot take the same issues to another court or tribunal if the Tribunal is already dealing with them, unless the Tribunal makes a specific order under sections like section 34(1)(e), or the claim was already being dealt with by another court or tribunal before it was taken to the Tribunal. If you started proceedings in another court or tribunal before taking your claim to the Tribunal, the Tribunal will not deal with the same issues unless the other proceedings are transferred to the Tribunal under section 37, or the claim in the other court or tribunal is withdrawn or struck out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133655.

This page was last updated on 28 January 2026 — View changes

Topics:

Crime and justice > Courts and legal help

16: Contracting out prohibited, or

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

18: Functions of Tribunal, or

"The Tribunal helps people agree on a solution to their dispute and makes fair decisions."

Part 2Jurisdiction, functions, and orders of Tribunal

17Exclusion of other jurisdictions

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—
any order is made under section 34(1)(e) or under subsection (2) or subsection (3) of section 36 or under section 53(1)(b); or
the proceedings before that other court or tribunal were commenced before the claim was lodged with or transferred to the Tribunal; or
the claim before the Tribunal is withdrawn, abandoned, or struck out.

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.

Compare

1976 No 35 s 14

Notes

Section 17(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 17(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).