Disputes Tribunal Act 1988

Proceedings of Tribunal - Enforcement of orders

45: Enforcement of orders except work orders

You could also call this:

"Making sure people follow Tribunal orders, except for work orders"

Illustration for Disputes Tribunal Act 1988

If you get an order from the Tribunal to pay money or give property to someone, it is like an order from the District Court. You can enforce it like a District Court order. If someone wants to enforce an order against you, they must tell the District Court. The court will then tell you about the application. You can object to the enforcement if you think you have already done what the order says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133696.

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44: Procedure where no provision made, or

"What happens when there's no rule to follow"


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46: Enforcement of work orders, or

"Getting a work order enforced through the Tribunal"

Part 3Proceedings of Tribunal
Enforcement of orders

45Enforcement of orders except work orders

  1. Every order made by the Tribunal requiring a party to pay money or deliver specific property to another party is taken to be an order of the District Court and, subject to this section, may be enforced accordingly.

  2. Where application is made to the District Court for the issue of any process to enforce an order provided for by section 19(3) (requiring a party to pay money to another as an alternative to compliance with a work order), a Registrar shall give notice of the application to the party against whom enforcement is sought.

  3. If that party does not file in the court, within the period prescribed for so doing, a notice of objection in a form approved by the chief executive after consultation with the Principal Disputes Referee, the order may, after the expiry of that period, be enforced pursuant to subsection (1).

  4. The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the Tribunal has been fully complied with and that that party therefore disputes the entitlement of the applicant to enforce it.

  5. If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, a Registrar shall refer the matter to the Tribunal to be heard and determined under section 46(2).

Notes
  • Section 45(1): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 45(2): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 45(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 45(3): amended, on , by section 52 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 45(5): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).