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Disputes Tribunal Act 1988

Jurisdiction, functions, and orders of Tribunal

18: Functions of Tribunal

You could also call this:

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

Illustration for Disputes Tribunal Act 1988

The Tribunal looks at every claim to see if it can help the parties reach an agreement. You can think of the Tribunal like a helper that tries to get people to agree on a solution. The Tribunal considers many factors when deciding what to do. When parties agree on a settlement, the Tribunal can approve it and it becomes enforceable under section 47. The Tribunal is not limited by monetary restrictions when approving an agreed settlement, as stated in section 19(4) to (6). An approved settlement can include terms for payment, which can be enforced through an attachment order under the District Court Act 2016. If the parties cannot agree or the Tribunal does not approve the settlement, it will make a decision based on what is fair and just. The Tribunal is not bound by strict legal rules and can disregard certain provisions in agreements or documents. To enforce its decision, the Tribunal can make orders under section 19 or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133656.

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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."

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19: Orders of Tribunal, or

"The Tribunal's Orders: What They Can Decide"

Part 2Jurisdiction, functions, and orders of Tribunal

18Functions of Tribunal

  1. The Tribunal shall, as regards every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the claim.

  2. Without limiting the generality of subsection (1), in making an assessment under that subsection, the Tribunal shall have regard to any factors that, in the Tribunal's opinion, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.

  3. Where the parties reach an agreed settlement, the Tribunal may approve the settlement, and the settlement shall then take effect as if it were an order of the Tribunal made under subsection (8), and shall be enforceable in accordance with section 47.

  4. In approving an agreed settlement pursuant to subsection (3), the Tribunal is not bound by the monetary restrictions in section 19(4) to (6).

  5. An agreed settlement approved by the Tribunal under subsection (3) may include the terms of any agreement between the parties for payment of any amount specified in the agreed settlement to be enforced by way of an attachment order made under the District Court Act 2016.

  6. If subsection (4A) applies, then section 19(1A) to (1C) apply.

  7. Where—

  8. it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the claim; or
    1. the parties are unable to reach an agreed settlement in relation to the claim; or
      1. the Tribunal does not approve an agreed settlement reached by the parties in relation to the claim,—
          1. the Tribunal shall proceed to determine the dispute.

        1. The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities.

        2. Without limiting the generality of subsection (6), the Tribunal may, in respect of any agreement or document that directly or indirectly bears upon the dispute between the parties, disregard any provision in that agreement or document that excludes or limits—

        3. conditions, warranties, or undertakings; or
          1. any right, duty, liability, or remedy that would arise or accrue in the circumstances of the dispute if there were no such exclusion or limitation.

            1. To give effect to its determination of the dispute under subsection (5), or in granting relief in respect of any claim that is not disputed (except where subsection (3) applies), the Tribunal shall make 1 or more of the orders that it is empowered to make under section 19 or under any other enactment.

            Notes
            • Section 18(4): amended, on , by section 39 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 18(4A): inserted, on , by section 4 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
            • Section 18(4A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 18(4B): inserted, on , by section 4 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
            • Section 18(7): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).