Plain language law

New Zealand law explained for everyone

Disputes Tribunal Act 1988

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

32: Insurer may prove amount of loss

You could also call this:

"Your insurer can show how much they paid for your loss and add it to your claim."

Illustration for Disputes Tribunal Act 1988

You are making a claim to the Tribunal and your insurer is involved. Your insurer can prove how much they paid you for your loss. They can also ask the Tribunal to add this amount to your claim if it is not already included.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133677.

This page was last updated on — View changes

Topics:
Money and consumer rights > Consumer protectionMoney and consumer rights > InsuranceCrime and justice > Courts and legal help
Previous

31: Applicant entitled to control conduct of case, or

"You are in charge of your case at the Tribunal."

Next

33: Applicant to have priority in respect of uninsured loss, or

"You get paid first for losses not covered by insurance"

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

32Insurer may prove amount of loss

  1. Notwithstanding anything in section 31, where, in any proceedings before the Tribunal,—

  2. a claim for relief to which section 28 applies is made; and
    1. the applicant's insurer becomes a party to those proceedings pursuant to section 28(4) or (5) or section 29(3),—
        1. the applicant's insurer shall, subject to this Act, be entitled—
      1. to prove, as part of the applicant's claim, any amount, or part of any amount, paid by the insurer to or for the benefit of the applicant as an indemnity for any loss arising out of the cause of action that is the subject of the claim:
        1. to apply to the Tribunal for an order that the amount specified in the claim for relief be increased to include the amount to which paragraph (c) applies, where the claim for relief does not include that amount, and the Tribunal shall make such an order.

          Notes
          • Section 32: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).