Disputes Tribunal Act 1988

Proceedings of Tribunal - Claims

25: Notice of claim and of hearing

You could also call this:

"Telling people about a claim and a hearing"

Illustration for Disputes Tribunal Act 1988

When you make a claim under section 24, a Registrar will set a time and place for a hearing. They will give you notice of these details in a special form. The Registrar will also give notice of the claim and the hearing to the other person involved and anyone else who needs to be there. If the Tribunal thinks someone important has not been told about the claim, it can tell the Registrar to give them notice. This notice will tell them about the claim and the hearing. The Tribunal wants to make sure everyone who needs to be involved is told about the claim. You have a sufficient connection with the proceedings if your presence is necessary to help the Tribunal make a decision. In some cases, the Tribunal can decide not to follow these rules if it does not think anyone will be unfairly affected. This can happen if a claim is made at a hearing and the Tribunal thinks it is okay to skip some of the steps, like those outlined in section 24(2) and section 11(1)‎(b)‎(ii).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133668.

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Part 3Proceedings of Tribunal
Claims

25Notice of claim and of hearing

  1. When a claim is lodged in accordance with section 24, a Registrar shall—

  2. fix a time and place of hearing and give notice of those details in a form approved by the chief executive after consultation with the Principal Disputes Referee to the applicant; and
    1. as soon as is reasonably practicable, give notice of the claim and of the time and place of hearing in a form approved by the chief executive after consultation with the Principal Disputes Referee to—
      1. the respondent; and
        1. every other person who appears to the Registrar to have a sufficient connection with the proceedings on the claim in the capacity of an applicant or a respondent.
        2. Where the Tribunal finds that a person who appears to it to have a sufficient connection with the proceedings on a claim in the capacity of an applicant or a respondent has not been given notice of the proceedings, it may direct a Registrar to give, and the Registrar shall give, to such person notice of the claim, and of the time and place for hearing.

        3. For the purposes of this section, a person has a sufficient connection with the proceedings on a claim if that person's presence as an applicant or a respondent is necessary to enable the Tribunal to effectually and completely determine the questions in dispute in the claim or to grant the relief that it considers to be due.

        4. Where a claim to which section 11(1)(b)(ii) applies is made at a hearing, the Tribunal may, in relation to that claim, dispense with the requirements of this section and of section 24(2), or any of those requirements, if it appears to the Tribunal that neither the respondent in the claim nor any other person will be prejudiced thereby.

        Notes
        • Section 25(1): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 25(1)(a): amended, on , by section 45(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 25(1)(b): amended, on , by section 45(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 25(2): amended, on , by section 45(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 25(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).