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Fencing Act 1978

Procedure

24A: Jurisdiction of Disputes Tribunal

You could also call this:

“Disputes Tribunal can help with fence problems up to $30,000”

The Disputes Tribunal has the power to deal with questions and disputes about fencing matters. You can go to the Disputes Tribunal if you have a problem with your fence that’s mentioned in section 24. The Tribunal can make decisions and give orders about these fencing issues.

However, there are limits to what the Disputes Tribunal can do. They can’t make orders that involve more than $30,000. For example, they can’t tell someone to pay more than $30,000 or to spend more than $30,000 on a fence. They also can’t say someone doesn’t owe more than $30,000, or tell someone to take down a fence worth more than $30,000. If the Tribunal makes an order that goes over these limits, that order won’t count at all.

The Disputes Tribunal also can’t make a judgment for more than $30,000 in these fencing cases. If they do, that judgment won’t be valid.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM21878.

Topics:
Housing and property > Home safety and repairs
Housing and property > Land use
Crime and justice > Courts and legal help
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24: Jurisdiction of the court, or

“The court's power to make decisions about fence-related issues”

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25: Power to come in and defend proceedings, or

“You can join and defend yourself in a fence dispute even if you weren't originally involved”

Part 4 Procedure

24AJurisdiction of Disputes Tribunal

  1. Subject to subsection (2), the Disputes Tribunal established under the Disputes Tribunal Act 1988 shall have jurisdiction to—

  2. hear and determine all questions and disputes arising under this Act in relation to any of the matters specified in paragraphs (a) to (o) of subsection (1) of section 24; and
    1. exercise the powers conferred by subsection (2) or subsection (3) of that section.

      1. In the exercise of its jurisdiction under subsection (1), the Disputes Tribunal shall not—

      2. make an order under section 24(2)(a)—
        1. requiring a person to pay an amount exceeding $30,000:
          1. requiring a person to incur any expense that exceeds $30,000:
            1. declaring a person not liable to another for an amount exceeding $30,000:
              1. requiring a person to remove a fence where the value of the fence exceeds $30,000:
              2. enter judgment under section 24(2)(b) for an amount exceeding $30,000—
                  1. and an order or judgment of the Tribunal that exceeds any such restriction shall be entirely of no effect.

                1. Repealed
                Notes
                • Section 24A: inserted, on , by section 73 of the Disputes Tribunals Act 1988 (1988 No 110).
                • Section 24A heading: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 24A(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 24A(2): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 24A(2)(a)(i): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(2)(a)(ii): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(2)(a)(iii): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(2)(a)(iv): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(2)(b): amended, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 24A(3): repealed, on , by section 340(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).