Part 2Jurisdiction, functions, and orders of Tribunal
19Orders of Tribunal
The Tribunal may, as regards any claim within its jurisdiction, make 1 or more of the following orders:
- the Tribunal may order a party to the proceedings to pay money to any other party:
- the Tribunal may make an order declaring that a person is not liable to another in respect of a claim or demand described in section 10(1)(b):
- the Tribunal may order a party to deliver specific property to another party to the proceedings:
- the Tribunal may make a work order against any party to the proceedings:
- where it appears to the Tribunal that an agreement between the parties, or any term of any such agreement, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, the Tribunal may make an order varying the agreement, or setting it aside (either wholly or in part):
- where it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or any writing purporting to express the agreement between the parties does not accord with their true agreement, the Tribunal may make an order varying, or setting aside, the agreement or the writing (either wholly or in part):
- the Tribunal may make an order dismissing the claim:
- the Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
- discloses no reasonable cause of action; or
- is likely to cause prejudice or delay; or
- is frivolous or vexatious; or
- is otherwise an abuse of process:
- discloses no reasonable cause of action; or
- if a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
- if the party is required to be present, strike out the proceeding; or
- determine the proceeding in the absence of the party; or
- adjourn the hearing.
- if the party is required to be present, strike out the proceeding; or
The Tribunal may record in an order made under subsection (1)(a) (a money order) that the parties have agreed to enforce the payment of the amount specified in that order by way of an attachment order made under the District Court Act 2016 if—
- the money order was made at a hearing at which both parties were present; and
- the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and
- both parties agreed on the terms of the attachment order, including the details specified in subsection (1B).
If subsection (1A) applies, the money order must include the following details:
- the employer to whom the attachment order will relate; and
- whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period); and
- the amount or percentage to be deducted from salary or wages for the earnings period; and
- the amount or percentage below which the net amount paid for the earnings period must not fall; and
- the name and address of the person to whom the amounts deducted are to be paid; and
- that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period.
Nothing in subsection (1B)(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3) of the District Court Act 2016.
If subsection (1B) is complied with, the money order may be filed in the District Court and, if so filed, sections 139(2) and 154 to 162 of the District Court Act 2016 apply to the extent they are applicable and subject to any necessary modifications.
In this section, employer and salary or wages have the same meanings as in section 154 of the District Court Act 2016.
Any order made by the Tribunal may be unconditional, or subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose.
Where the Tribunal makes a work order against a party, it shall, where the order is made under section 18(8) or section 46(2), at the same time make an order under subsection (1)(a) of this section to be complied with as an alternative to compliance with the work order.
Subject to section 20, the Tribunal shall not make an order under this Act that exceeds any of the monetary restrictions specified in subsection (5), and any order that exceeds any such restriction shall be entirely of no effect.
The monetary restrictions that apply for the purposes of subsection (4) are as follows:
- an order under subsection (1)(a) or under section 47(3)(b) shall not require payment of money exceeding $60,000:
- a declaration under subsection (1)(b) shall not relate to a claim or demand exceeding $60,000:
- an order under subsection (1)(c) shall not relate to any property exceeding $60,000 in value:
- the work to be done or matters to be attended to under a work order shall not exceed $60,000 in value:
- an order under paragraph (e) or paragraph (f) of subsection (1) shall not be made in respect of an agreement if the total amount in respect of which an order of the Tribunal is sought exceeds $60,000.
Except as provided in subsection (3),
the Tribunal shall not, in respect of a claim, make more than 1 of the orders authorised by paragraphs (a) to (d) of subsection (1), or by any other enactment, if the aggregate amount or value of those orders exceeds $60,000, and every order so made contrary to this subsection shall be entirely of no effect.-
Repealed Nothing in subsection (1) shall restrict the making by the Tribunal of any order that it is authorised to make by any other enactment.
Compare
- 1976 No 35 s 16
- 1985 No 38 s 2
Notes
- Section 19(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(1)(h): inserted, on , by section 40(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 19(1)(i): inserted, on , by section 40(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 19(1A): inserted, on , by section 5 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
- Section 19(1A): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(1B): inserted, on , by section 5 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
- Section 19(1C): inserted, on , by section 5 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
- Section 19(1C): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(1D): inserted, on , by section 5 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
- Section 19(1D): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(1E): inserted, on , by section 5 of the Disputes Tribunals Amendment Act 2011 (2011 No 37).
- Section 19(1E): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(5): amended, on , by section 40(2)(a) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 19(5)(a): amended, on , by section 6(1) of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
- Section 19(5)(b): amended, on , by section 6(1) of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
- Section 19(5)(c): amended, on , by section 6(1) of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
- Section 19(5)(d): amended, on , by section 6(1) of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
- Section 19(5)(e): amended, on , by section 6(1) of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
- Section 19(6): amended, on , by section 6(2) of the Disputes Tribunal Amendment Act 2025 (2025 No 60).
- Section 19(6): amended, on , by section 40(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 19(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 19(7): repealed, on , by section 40(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 19(8): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).

