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Disputes Tribunal Act 1988

Proceedings of Tribunal - Transfer of proceedings

37: Transfer of proceedings from District Court, etc

You could also call this:

"Moving a case from a higher court to the Disputes Tribunal"

Illustration for Disputes Tribunal Act 1988

You can move a case from the District Court to the Disputes Tribunal. This can happen if the case is already being heard in the District Court. A judge or registrar can make this decision. You can also move a case from the High Court to the Disputes Tribunal. This can happen if the case is already being heard in the High Court. The court or a judge can make this decision. If a case is moved to the Disputes Tribunal, they can look at any evidence that has already been given. You do not have to give this evidence again unless the Tribunal asks you to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133686.

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36: Transfer of proceedings to District Court, etc, or

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Part 3Proceedings of Tribunal
Transfer of proceedings

37Transfer of proceedings from District Court, etc

  1. Where proceedings within the jurisdiction of the Tribunal have been commenced in the District Court before a claim in respect of the same issues between the same parties has been lodged in the Tribunal, or transferred to the Tribunal under this section, a District Court Judge or Registrar may, on the application of either party or of that Judge's or that Registrar's own motion, order that the proceedings be transferred to the Tribunal.

  2. Where proceedings within the jurisdiction of the Tribunal have been commenced in the High Court before a claim in respect of the same issues between the same parties has been lodged in the Tribunal, or transferred to the Tribunal under this section, that court or a Judge of that court may, on the application of either party or of its or that Judge's own motion, order that the proceedings be transferred to the Tribunal.

  3. The Tribunal to which proceedings are transferred under subsection (1) or subsection (2) may have regard to any notes of evidence transmitted to it and it shall not be necessary for that evidence to be given again in the Tribunal unless the Tribunal so requires.

Notes
  • Section 37(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 37(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 37(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).