Disputes Tribunal Act 1988

Proceedings of Tribunal - Claims

27: Minors

You could also call this:

"Young people under 18 in the Disputes Tribunal"

Illustration for Disputes Tribunal Act 1988

You can be part of a case in the Tribunal even if you are under 18. The Tribunal can choose someone to help you if you are under 18. This person can make decisions for you in the case. You are bound by the Tribunal's decisions, just like an adult. The person helping you can do everything you would do in the case. The Tribunal follows rules from the Contract and Commercial Law Act 2017 when you are under 18. This includes rules about settlements and payments. The Tribunal's proceedings include the case itself and any appeals. It also includes any settlements or orders made during the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133670.

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Part 3Proceedings of Tribunal
Claims

27Minors

  1. Subject to this section, a minor may be a party to, and shall be bound by, proceedings in the Tribunal as if the minor were a person of full age and capacity.

  2. Where a minor who has not attained the age of 18 years is a party to any proceedings in the Tribunal, the Tribunal may, if it considers that it would be in the interests of the minor to do so,—

  3. at any time appoint to represent the minor a person who is willing to do so and who is not disqualified by section 38(7), and authorise that person to control the conduct of the minor's case; or
    1. when approving a representative under section 38(3), or at any time thereafter, authorise that representative to control the conduct of the minor's case.
      1. A person empowered by or under this section to control the conduct of the case of a minor may do all such things in the proceedings as that person could do if that person were a party to the proceedings in place of that minor.

      2. Nothing in this section shall restrict the application of sections 103 to 110 of the Contract and Commercial Law Act 2017 to—

      3. any settlement agreed to by, or on behalf of, a minor; or
        1. any payment made or proposed to be made by, or on behalf of, or to, or for the benefit of, a minor—
          1. after proceedings have been commenced in the Tribunal.

          2. In this section proceedings in the Tribunal means—

          3. proceedings in the Tribunal or on appeal from the Tribunal:
            1. a settlement agreed to in the course of proceedings referred to in paragraph (a):
              1. proceedings under section 45(1) or section 47(1) for enforcement of an order or the term of an agreed settlement—
                1. and includes any order made in proceedings as so defined.

                Notes
                • Section 27(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 27(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 27(4): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 27(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 27(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 27(5)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).