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Disputes Tribunal Act 1988

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

33: Applicant to have priority in respect of uninsured loss

You could also call this:

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

Illustration for Disputes Tribunal Act 1988

When you go to the Tribunal, you might make a claim that is covered by section 28. If your insurer joins the proceedings because of section 28(4) or (5) or section 29(3), and the Tribunal orders someone to pay you money, they will try to say how much of that money is for losses that your insurer did not cover. You get to keep the money that is for losses your insurer did not cover, and you do not have to give it to your insurer. Your insurer only gets paid if you get the money you are supposed to get first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133678.

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32: Insurer may prove amount of loss, or

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

33Applicant to have priority in respect of uninsured loss

  1. 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); and
      1. the Tribunal makes an order under section 19(1)(a) that a party to the proceedings pay money to any other party,—
          1. the Tribunal, where the evidence before it enables it to do so, shall indicate in that order what part of that amount relates to loss for which the applicant has not been indemnified by the applicant's insurer.

        1. Where, in any order made under section 19(1)(a), the Tribunal indicates that part of the amount ordered to be paid relates to loss for which the applicant has not been indemnified by the applicant's insurer,—

        2. that part of that amount shall be paid to the applicant, who shall not be required to account for it to the applicant's insurer; and
          1. the applicant's insurer shall not be entitled to any payment under that order unless paragraph (a) has been complied with.

            Notes
            • Section 33(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 33(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).