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Disputes Tribunal Act 1988

Rehearings and appeals

49: Rehearings

You could also call this:

"Asking for a Rehearing of a Tribunal Decision"

Illustration for Disputes Tribunal Act 1988

You can ask the Tribunal to rehear a claim. The Tribunal can agree to this and set conditions. The Tribunal can order only one rehearing, unless it thinks more are needed for a fair outcome. You can ask for a rehearing if an order was made under certain sections, such as section 18(8), or if you discover new facts that are relevant to the dispute. You must apply for a rehearing within 20 working days of the Tribunal's order. The Tribunal will let all parties know when and where the rehearing will happen. The original order will not apply until the rehearing is finished. If you ask for a rehearing but do not show up, the Tribunal can restore the original order. The same rules that apply to the first hearing also apply to the rehearing. The Tribunal can delay the original order until it decides on your application for a rehearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM134101.

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Part 4Rehearings and appeals

49Rehearings

  1. The Tribunal may order the rehearing of a claim following an application by a party, and may grant the application on any terms it thinks fit.

  2. In any case, the Tribunal may order only 1 rehearing unless the Tribunal considers that the interests of justice require more than 1 rehearing.

  3. A rehearing may be ordered under subsection (1) only—

  4. where an order has been made under section 18(8); or
    1. where an order has been made under section 46(2) or section 47(3)(b), or a term of an agreed settlement has been varied under section 47(3)(a), and, in all such cases, shall be limited to rehearing the enforcement proceedings taken under those sections; or
      1. where an agreed settlement has been approved by the Tribunal under section 18(3) and, after the hearing, a party to the settlement discovers facts directly relevant to the dispute that could not, with reasonable diligence, have been obtained before the hearing and that, if known at the time, would have had a bearing on whether that party agreed to the settlement.

        1. Every application for a rehearing shall be made within 20 working days after the Tribunal's order (or, in the case of an agreed settlement, the Tribunal's approval of the settlement or the variation of a term of that settlement under section 47(3)(a), as the case may require) or within such further time as the Tribunal may, on application, allow, and shall be served upon the other parties to the proceedings.

        2. Upon a rehearing being granted,—

        3. a Registrar shall notify all parties to the proceedings of the making of the order and of the time and place appointed for the rehearing; and
          1. the order or approval or variation made or given by the Tribunal upon the first hearing shall cease to have effect.

            1. Notwithstanding subsection (4)(b), if the party on whose application a rehearing is ordered does not appear at the time and place for the rehearing or at any time and place to which the rehearing is adjourned, the Tribunal may, without rehearing or further rehearing the claim, direct that the original order or approval or variation, as the case may be, be restored to full force and effect.

            2. This Act shall apply to a rehearing in all respects as it applies to an original hearing.

            3. On receipt of an application for a rehearing, the Tribunal may stay the implementation of the order, approval, or variation until the application is decided.

            Notes
            • Section 49(1): replaced, on , by section 56(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 49(1A): inserted, on , by section 56(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 49(2)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 49(3): amended, on , by section 45 of the Statutes Amendment Act 2019 (2019 No 56).
            • Section 49(4)(a): amended, on , by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 49(7): inserted, on , by section 56(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 49 compare note: amended, on , by section 56(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).