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Disputes Tribunal Act 1988

Proceedings of Tribunal - Enforcement of orders

47: Enforcement of agreed settlements

You could also call this:

"Making someone do what they agreed to do"

Illustration for Disputes Tribunal Act 1988

You can enforce an agreed settlement like a District Court order. If someone agrees to pay you money or give you property, you can make them do it. You can ask the Tribunal to enforce this if the other person does not follow the agreement. If someone agrees to fix a problem with property or services, you can ask the Tribunal to make them do it. You need to fill out a special form to ask the Tribunal for help. The Tribunal will then hear your case like a normal claim. The Tribunal can change the agreement if both parties agree. It can also cancel the agreement and order the other person to pay you money. You can find more information about this in section 18(3), section 24, and section 19(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133698.

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Part 3Proceedings of Tribunal
Enforcement of orders

47Enforcement of agreed settlements

  1. Where a term of an agreed settlement approved by the Tribunal under section 18(3) provides for a party to pay money or deliver specific property to another party, that term is taken to be an order of the District Court and, subject to this section, may be enforced accordingly.

  2. Where—

  3. a term of an agreed settlement approved by the Tribunal under section 18(3) provides for a party to make good a defect in any property, or a deficiency in the performance of services, by doing such work or attending to such matters (including the replacement of any property) as may be specified in the agreement; and
    1. a party who would benefit by the enforcement of that term considers that the term has not been complied with by the other party,—
        1. the party who would benefit by the enforcement of the term may lodge in the Tribunal a request in a form approved by the chief executive after consultation with the Principal Disputes Referee for that term to be enforced.

      1. Subsequent proceedings shall be taken on a request for enforcement under subsection (2) as if such request were a claim lodged under section 24; and upon the hearing of the matter the Tribunal may—

      2. if the parties so agree, vary the term of the agreed settlement that is sought to be enforced, or any other term of that settlement:
        1. strike out the term of the agreed settlement that is sought to be enforced and, subject to section 19(4), order the party against whom enforcement of the term is sought to pay money to the party seeking to enforce it.

          Notes
          • Section 47(1): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 47(2): amended, on , by section 54 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
          • Section 47(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).