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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

65: Hearing must be held

You could also call this:

"A Hearing Must Happen to Help Solve a Dispute"

Illustration for Retirement Villages Act 2003

When you are involved in a dispute resolution, a hearing must be held by the disputes panel. You can avoid a hearing if you withdraw your dispute resolution notice, or if you and the other person agree not to have a hearing, or if the panel refuses to hear the dispute. The panel will make sure you can be at the hearing and say what you think. You and the other person in the dispute have the right to be at the hearing and say what you think. The disputes panel will choose a time and place for the hearing that you and the other person agree on, or they will decide on a time and place if you cannot agree. They will try to make sure you know when and where the hearing is. The disputes panel must tell you when and where the hearing is, and they must do this at least 7 days before the hearing. They will make sure everyone who is allowed to be at the hearing knows about it. This way, you can prepare and be ready to say what you think at the hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220924.

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Crime and justice > Courts and legal help
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64: Conduct of hearing, or

"How a hearing is run to solve a dispute"

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66: Panel may refuse to hear dispute, or

"The panel can say no to hearing a dispute if it's not serious or unfair."

Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

65Hearing must be held

  1. In the course of conducting a dispute resolution, the disputes panel must hold a hearing unless—

  2. the applicant withdraws the dispute resolution notice; or
    1. the applicant and respondent agree not to have a hearing; or
      1. the panel refuses to hear the dispute.

        1. The parties to the dispute are entitled to be present and heard at the hearing.

        2. The disputes panel must hold the hearing at a time and place that is—

        3. agreed to by the applicant, the respondent, and the disputes panel; or
          1. decided on by the disputes panel, if those persons do not agree.

            1. The disputes panel must take all practicable steps to ensure that notice of the time and place of the hearing is given—

            2. to every person entitled to be present and heard at the hearing; and
              1. at least 7 days before the date of the hearing.