Disputes Tribunal Act 1988

Proceedings of Tribunal - Special provisions relating to claims where applicant or respondent insured

28: Claims for relief where applicant insured

You could also call this:

"Telling the Tribunal about your insurance when making a claim"

Illustration for Disputes Tribunal Act 1988

If you make a claim to the Tribunal and you have insurance, this section applies to you. You must tell a Registrar the name and address of your insurer when you make your claim. The Registrar will then tell your insurer about your claim. If your insurer does not know about your claim, they can ask to be part of the proceedings. You must notify a Registrar of your insurer's details if you are making a claim to the Tribunal. Your insurer will be told about your claim. Your insurer will be considered a party to the proceedings if they receive notice of your claim. If your insurer does not receive notice, they can ask to be joined as a party to the proceedings. You must give your insurer's details to the Tribunal when you make your claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133673.

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Part 3Proceedings of Tribunal
Special provisions relating to claims where applicant or respondent insured

28Claims for relief where applicant insured

  1. This section applies to any claim for relief made by an applicant who has been, or is entitled to be, or seeks to be, indemnified (whether in whole or in part) by an insurer (in this section and in sections 29 to 34 referred to as the applicant's insurer) for any loss caused by or arising out of the act, omission, or event on which the claim is based.

  2. Where, in any proceedings lodged in the Tribunal, or transferred to the Tribunal under section 24(3) or (4) or section 37, the applicant makes a claim for relief to which this section applies, the applicant shall, at the time when the claim is lodged, or, in the case of a claim that is transferred to the Tribunal, as soon as practicable after the claim is transferred, notify a Registrar of the name and address of the applicant's insurer.

  3. Subject to sections 25(4) and 29(3), where, in any proceedings before the Tribunal, a Registrar receives notice of the name and address of the applicant's insurer under subsection (2), the Registrar shall give notice of the proceedings to that insurer in accordance with section 25(1)(b)(ii).

  4. Where, pursuant to subsection (3), an insurer receives notice of any proceedings before the Tribunal, that insurer shall be deemed, for the purposes of this Act, to be a party to those proceedings.

  5. Where—

  6. any claim for relief to which this section applies is made in any proceedings before the Tribunal; and
    1. the applicant's insurer has not received notice of those proceedings pursuant to subsection (3); and
      1. an acknowledgement signed or authenticated by the applicant and the applicant's insurer has not been lodged with the Tribunal pursuant to section 29(1),—
        1. the Tribunal or a Registrar shall, on the application of the applicant's insurer, order that that insurer be joined as a party to the proceedings.

        Notes
        • Section 28(2): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 28(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 28(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 28(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 28(5)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 28(5)(c): amended, on , by section 46 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).