Disputes Tribunal Act 1988

Miscellaneous provisions

60: Rules

You could also call this:

"Guidelines for the Disputes Tribunal to follow"

Illustration for Disputes Tribunal Act 1988

The Governor-General can make rules about how the Tribunal works. You need to know these rules can be about things like fees and how the Tribunal does its job. The rules can also be about how people give evidence to the Tribunal. The Governor-General can make rules about many things, including how the Tribunal keeps records and what documents it uses. You can find more information about the rules in the Legislation Act 2019. The rules can say how the Tribunal summons witnesses and how it pays them. The Tribunal has to follow these rules when it makes decisions. The rules can be about things like transferring cases from one court to another. You can read about the costs that may be awarded under section 43 to learn more. The rules are like a guide for the Tribunal to follow. They help the Tribunal make fair decisions and do its job properly. The Governor-General can change the rules from time to time to make sure they are working well.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM134115.

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Part 5Miscellaneous provisions

60Rules

  1. The Governor-General may from time to time, by Order in Council, make rules—

  2. regulating the practice and procedure of the Tribunal:
    1. prescribing such things (including fees) as are required by this Act to be prescribed:
      1. prescribing such matters as are necessary for carrying out the provisions of this Act.
        1. Without limiting the generality of subsection (1), rules may be made providing for the following:

        2. the criteria and procedures for assessing candidates for recommendation for appointment or reappointment as Principal Disputes Referee or as Referees:
          1. the keeping of records by the Tribunal and the form of such records:
            1. the form of documents to be issued by the Tribunal and the sealing of such documents:
              1. the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons:
                1. the functions, powers, and duties of the Tribunal and Registrars in relation to—
                  1. the service of documents and giving of notices:
                    1. the enlargement of dates of hearing:
                      1. the adjournment of proceedings:
                        1. the reports of Investigators:
                        2. the withdrawal and amendment of claims:
                          1. the summonsing of witnesses, and the payment of witnesses from public funds or otherwise:
                            1. the giving of evidence to the Tribunal, including the giving of evidence from a distance (for example by video link or telephone conference):
                              1. the commission of offences by, and punishment of, persons who refuse to give evidence or obey a summons to witness:
                                1. the functions, powers, and duties of Investigators:
                                  1. the costs that may be awarded under section 43:
                                    1. the transfer of proceedings—
                                      1. from the District Court or the High Court to the Tribunal:
                                        1. from the Tribunal to the District Court or a Motor Vehicle Disputes Tribunal referred to in section 36(3):
                                          1. from one office of the Tribunal to another:
                                          2. the removal of orders of, or agreed settlements approved by, the Tribunal into the District Court for enforcement:
                                            1. the searching of the records of the Tribunal.
                                              1. Notwithstanding section 61, rules made under this section may make particular provision for—

                                              2. the giving of notices to, and service of documents on, the Crown; and
                                                1. the length of the notice to be given to the Crown before proceedings to which the Crown is a party may be heard.
                                                  1. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                  Notes
                                                  • Section 60(1)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(a): amended, on , by section 9 of the Disputes Tribunals Amendment Act 1998 (1998 No 84).
                                                  • Section 60(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(e): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(ga): inserted, on , by section 2 of the Disputes Tribunals Amendment Act 1995 (1995 No 8).
                                                  • Section 60(2)(ga): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(k): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(l): replaced, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(2)(m): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                                                  • Section 60(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).