Disputes Tribunal Act 1988

Jurisdiction, functions, and orders of Tribunal

20: Power of Tribunal to award interest

You could also call this:

"The Tribunal can make someone pay interest on money they owe."

Illustration for Disputes Tribunal Act 1988

The Tribunal can order someone to pay interest on money they owe. You can get interest on the whole or part of the amount owed. The interest is calculated using the rules in the Interest on Money Claims Act 2016. The Tribunal's decision to award interest depends on the situation. If you are owed money and interest is already payable, the Tribunal will use the rules in the Interest on Money Claims Act 2016 to calculate the interest. The interest will be for the time between when the debt started and when the Tribunal makes its decision. Some rules about how much money the Tribunal can order do not apply to interest payments. This means the Tribunal can order interest payments even if they are more than the usual amount. The interest payments are separate from the main debt.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133659.

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Part 2Jurisdiction, functions, and orders of Tribunal

20Power of Tribunal to award interest

  1. Subject to subsection (2), where the Tribunal makes an order under section 19(1)(a) or section 47(3)(b) that a party to the proceedings pay money to another party to the proceedings, the Tribunal may, if it thinks fit, order that there shall be included in the amount so ordered to be paid interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 of the Interest on Money Claims Act 2016, on the whole or any part of that amount for the whole or any part of the period between the date when the cause of action arose and the date of the making of the order.

  2. Subsection (1) does not—

    1. apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise.
      1. Where the Tribunal makes an order under section 19(1)(a) in respect of a debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law, or otherwise, there shall be included in the amount ordered to be paid interest, calculated in accordance with (or on a basis that ensures it does not exceed interest calculated in accordance with) Schedule 2 of the Interest on Money Claims Act 2016, for the period between the date as from which interest became payable and the date of the making of the order.

      2. The monetary restrictions provided for by section 10(1A) and (3), and section 19(4) to (6) do not apply in respect of any interest claimed, payable, or ordered to be paid under this section.

      3. Repealed
      Compare
      Notes
      • Section 20(1): amended, on , by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).
      • Section 20(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 20(2)(a): repealed, on , by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).
      • Section 20(3): amended, on , by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).
      • Section 20(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 20(4): amended, on , by section 41 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 20(4): amended, on , by section 6 of the Disputes Tribunals Amendment Act 2002 (2002 No 80).
      • Section 20(5): repealed, on , by section 29 of the Interest on Money Claims Act 2016 (2016 No 51).