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Disputes Tribunal Act 1988

Proceedings of Tribunal - Hearings

43: Costs

You could also call this:

"When You Might Have to Pay Costs at the Tribunal"

Illustration for Disputes Tribunal Act 1988

You usually do not have to pay costs when you go to the Tribunal. The Tribunal can order you to pay costs if they think your claim is frivolous or vexatious. You might have to pay the other party's costs or fees. You might have to pay costs if you start a claim that is not within the Tribunal's jurisdiction. You might also have to pay costs if you do things to slow down the proceedings on purpose. The Tribunal can order you to pay the other party's costs if this happens. If you start proceedings in the District Court, but they should have been started at the Tribunal, you might have to pay the other party's costs. This can happen if you did something to make the other party think the proceedings should be started in the District Court. You might have to pay the fee for filing the proceedings and the other party's solicitor's costs, as long as they do not exceed the amount set out in the District Court Act 2016. The Tribunal can also order you to pay these costs if the proceedings are transferred to the Tribunal under section 37(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133693.

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Part 3Proceedings of Tribunal
Hearings

43Costs

  1. Except as provided in this section, costs shall not be awarded against a party to any proceedings before the Tribunal.

  2. Where, in the opinion of the Tribunal, a claim made by a party is frivolous or vexatious, it may, subject to any rules made under this Act, order that party to pay—

  3. to the Crown, the fees and expenses of any witness, or of an Investigator, that have been paid by the Crown:
    1. to a party, the costs of that party in connection with the proceedings.

      1. Where, in the opinion of the Tribunal, any party has—

      2. lodged a claim knowing that the claim is not within the jurisdiction of the Tribunal; or
        1. unnecessarily prolonged any proceedings by engaging in conduct intended to impede the prompt resolution of the proceedings,—
            1. the Tribunal may, subject to any rules made under this Act, order that party to pay to any other party the costs, or part of the costs, of that other party in connection with the proceedings.

          1. Where—

          2. any proceedings within the jurisdiction of the Tribunal have been commenced in the District Court; and
            1. those proceedings have been transferred to the Tribunal under section 37(1); and
              1. the Tribunal is satisfied that those proceedings were commenced in that court and not in the Tribunal on account of any act or omission of any party to those proceedings that was intended or likely to induce the party who commenced those proceedings to believe that the proceedings were not within the jurisdiction of the Tribunal,—
                  1. the Tribunal may order the first-mentioned party to pay to the party who commenced the proceedings—
                1. the fee paid by the latter party in respect of the filing of those proceedings in the District Court; and
                  1. any solicitor's costs incurred by the latter party in respect of the preparation of the documents necessary for the filing of those proceedings, which costs shall not exceed the amount prescribed in relation to that matter under rules made under the District Court Act 2016.

                    Notes
                    • Section 43(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 43(3)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 43(4)(a): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 43(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 43(4)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 43(4)(e): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).