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Disputes Tribunal Act 1988

Proceedings of Tribunal - Hearings

38: Right to appear at hearings

You could also call this:

"Who can speak for you at a Disputes Tribunal hearing"

Illustration for Disputes Tribunal Act 1988

When you go to a hearing, you can attend and speak. You can also have someone represent you, but they need to be approved by the Tribunal. The Tribunal will decide if it is okay for someone to represent you. You can be represented by someone if you are the Crown, a company, or a person who cannot attend the hearing. The Tribunal will approve the person representing you if they think it is fair. The person representing you must know about your case and have the power to make decisions for you. The Tribunal can let someone help you at the hearing, but that person cannot speak for you. The Tribunal can stop that person from being at the hearing if they want to. The Tribunal will not approve certain people to represent you, like lawyers, unless it is a special case. The Tribunal can set conditions for the person representing you so that the other party is not treated unfairly. You can find more information about this in section 27(2)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133688.

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Topics:
Crime and justice > Courts and legal help
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"Moving a case from a higher court to the Disputes Tribunal"

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Part 3Proceedings of Tribunal
Hearings

38Right to appear at hearings

  1. At the hearing of a claim every party shall be entitled to attend and be heard.

  2. Subject to subsections (3) and (3A), no party shall be entitled to be represented at a hearing by a representative unless it appears to the Tribunal to be proper in all the circumstances to so allow, and the Tribunal approves such representative.

  3. The following parties may be represented by a representative who is approved by the Tribunal:

  4. the Crown, if the representative is an officer or employee of the Crown:
    1. a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds directly or indirectly, at least a 50% interest in it:
      1. a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons:
        1. a minor, or other person under disability:
          1. any other person, if the Tribunal is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately.

            1. If an insurer is a party, it may, subject to subsection (3B), be represented by any agent who—

            2. has been engaged by the insurer solely or principally as an underwriter or to administer insurance claims; and
              1. is authorised for the purpose by the insurer; and
                1. is approved by the Tribunal.

                  1. For the purposes of subsection (3A), if the agent approved by the Tribunal is not an individual (for example a body corporate), an employee, officer, or member of the agent may carry out the duties of the agent under that subsection, but only if the individual concerned is also approved by the Tribunal.

                  2. Where a representative of a party is proposed for the Tribunal's approval, the Tribunal shall satisfy itself that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party.

                  3. The Tribunal may permit any person nominated by a party to be present at the hearing and to assist the party in the presentation of his or her case if it appears to the Tribunal to be proper in all the circumstances to so permit, and the Tribunal approves such person.

                  4. No person approved by the Tribunal under subsection (5) shall be entitled to be heard at the hearing, and the Tribunal may exclude any such person from the hearing at any time.

                  5. The Tribunal shall not—

                  6. appoint under section 27(2)(a); or
                    1. approve as a representative under subsections (2), (3), or (3A); or
                      1. approve under subsection (5)—
                          1. any person who is, or has been, enrolled as a barrister and solicitor, or who, in the opinion of the Tribunal, is, or has been, regularly engaged in advocacy work before other tribunals; but this prohibition does not apply where—
                        1. the person proposed for approval under subsection (3) or (3A) is a person or one of the persons jointly liable or entitled with another or others; or
                          1. the party seeking to be represented is a company and the person proposed for approval under subsection (3) or (3A) is the majority shareholder of the company.

                            1. Where the Tribunal appoints any person under section 27(2)(a) or approves any person under subsection (2), (3), (3A), or (5) of this section, the Tribunal may impose in respect of any such appointment or approval such conditions as it considers necessary to ensure that any other party to the proceedings is not substantially disadvantaged by that appointment or approval.

                            Compare
                            Notes
                            • Section 38(2): amended, on , by section 49(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(3)(b): amended, on , by section 49(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(3A): inserted, on , by section 49(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(3B): inserted, on , by section 49(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                            • Section 38(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                            • Section 38(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                            • Section 38(7): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                            • Section 38(7)(b): amended, on , by section 49(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(7)(d): amended, on , by section 49(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(7)(e): amended, on , by section 49(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(8): amended, on , by section 49(7) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                            • Section 38(8): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).