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Disputes Tribunal Act 1988

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

29: Insurer may waive notice of proceedings

You could also call this:

"Insurer can choose not to be told about a claim"

Illustration for Disputes Tribunal Act 1988

If you make a claim to the Tribunal and your insurer is involved, you can ask your insurer to say they do not need to be told about the claim. You do this by getting your insurer to sign a special form that the Tribunal approves. When your insurer signs this form, they are considered part of the claim, but they do not need to be told about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133674.

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

29Insurer may waive notice of proceedings

  1. 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 section 28 applies, the applicant may, 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, lodge with the Tribunal an acknowledgement from the applicant's insurer that that insurer does not require notice of the proceedings under section 25.

  2. Every acknowledgement lodged under subsection (1) must be in a form approved by the chief executive after consultation with the Principal Disputes Referee, and must be signed or authenticated by both the applicant and the applicant’s insurer.

  3. Where, in any proceedings before the Tribunal, an acknowledgement from the applicant's insurer is lodged pursuant to subsection (1),—

  4. notwithstanding anything in section 28(3), a Registrar shall not be required to give notice of those proceedings to that insurer; and
    1. that insurer shall be deemed, for the purposes of this Act, to be a party to those proceedings.

      Notes
      • Section 29(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 29(2): replaced, on , by section 47 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
      • Section 29(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 29(3)(a): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).