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Disputes Tribunal Act 1988

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

35: Insured respondent to notify insurer

You could also call this:

"Tell your insurer about the claim if you have insurance"

Illustration for Disputes Tribunal Act 1988

If you are a respondent in a claim and you have insurance, you must tell your insurer about the claim as soon as possible. The Tribunal will check if you have told your insurer about the claim when your hearing starts. If you have not told your insurer, the Tribunal might stop the proceedings and a Registrar will tell your insurer about the claim. You might be entitled to be indemnified by your insurer if the claim is successful. The Tribunal will find out if the claim is one that you should have told your insurer about. If it is, and you have not told your insurer, the Tribunal can stop the proceedings and a Registrar will notify your insurer. If an insurer is entitled to be notified of a claim, they can ask to be joined as a party to the proceedings. The Tribunal or a Registrar can order that the insurer be joined as a party. This means the insurer will be involved in the proceedings and will be notified of what is happening.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133680.

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Topics:
Money and consumer rights > Consumer protectionMoney and consumer rights > InsuranceCrime and justice > Courts and legal help
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"Insurer can ask to stop a claim if it's not suitable for the Tribunal"

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"When the Disputes Tribunal can't hear a case, it can send it to the District Court or another tribunal."

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

35Insured respondent to notify insurer

  1. This section applies to any claim lodged in the Tribunal, or transferred to the Tribunal under section 24(3) or (4) or section 37, that is against a respondent who, if the claim were successful, might be entitled to be indemnified (in whole or in part) in respect of that claim by any insurer (in this section referred to as the respondent's insurer).

  2. Where any respondent receives notice of a claim to which this section applies, the respondent shall, as soon as practicable after receiving such notice, notify the respondent's insurer of that claim.

  3. At the commencement of a hearing of a claim, the Tribunal shall ascertain whether the claim is a claim to which this section applies, and if so, whether the respondent has notified the respondent's insurer of that claim.

  4. Where, pursuant to subsection (3), the Tribunal ascertains that the respondent has not notified the respondent's insurer of the claim, the Tribunal may adjourn the proceedings, and upon such adjournment a Registrar shall forthwith notify the respondent's insurer of the claim.

  5. Where a claim is made in the course of any proceedings before the Tribunal, the Tribunal shall ascertain whether the claim is a claim to which this section applies, and if so, may adjourn the proceedings, and upon such adjournment a Registrar shall notify the respondent's insurer of that claim.

  6. Where a claim to which this section applies is made in any proceedings before the Tribunal, the Tribunal or a Registrar shall, on the application of any insurer who is entitled, under this section, to be notified of that claim, order that the insurer be joined as a party to those proceedings.

Notes
  • Section 35(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 35(4): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 35(5): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 35(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 35(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).