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Disputes Tribunal Act 1988

Proceedings of Tribunal - Enforcement of orders

46: Enforcement of work orders

You could also call this:

"Getting a work order enforced through the Tribunal"

Illustration for Disputes Tribunal Act 1988

You can ask the Tribunal to enforce a work order if the other party has not done the work. You must do this instead of going to the District Court, and you need to use a special form. The Tribunal will then deal with your request like a new claim. You can also ask the Tribunal to enforce a money order if the work order is not followed. The Tribunal can change the work order, make a new one, or make any other order it is allowed to make. It can also let you enforce the money order, or cancel any previous orders. After 12 months, you need the Tribunal's permission to enforce a work order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133697.

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45: Enforcement of orders except work orders, or

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

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"Making someone do what they agreed to do"

Part 3Proceedings of Tribunal
Enforcement of orders

46Enforcement of work orders

  1. Where—

  2. a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and
    1. that other party has not complied with the alternative money order provided for by section 19(3),—
        1. the party in whose favour the work order was made may, instead of applying to the District Court for the issue of a process for enforcement pursuant to section 45(1), lodge in the Tribunal a request in a form approved by the chief executive after consultation with the Principal Disputes Referee that the work order be enforced.

      1. Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on a notice under section 45(5) as if such request or notice were a claim lodged under section 24; and upon the hearing of the matter the Tribunal may—

      2. vary the work order, or make a further work order, or any other order that is authorised by section 19:
        1. grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 19(3), or so much of that order as the Tribunal may allow, and either subject to or without compliance with the provisions of section 45(2):
          1. discharge any order previously made by the Tribunal.

            1. After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal.

            Notes
            • Section 46(1): amended, on , by section 53 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).