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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

66: Panel may refuse to hear dispute

You could also call this:

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

Illustration for Retirement Villages Act 2003

A disputes panel can refuse to hear a dispute if they think it is not serious or is an abuse of process. You will be told why the panel made this decision and what it means for you. The panel must explain the effect and implications of their proposal to you. If the panel refuses to hear a dispute, they might send it to the District Court to be heard instead. The District Court will hear and determine the dispute like a disputes panel would, using the powers and duties given to them under the Retirement Villages Act 2003. They can also use the District Court Act 2016 and the District Court Rules 2014 to help them make a decision. The panel can also decide who pays the costs of the hearing, taking into account how the parties behaved. If the panel refuses to hear a dispute for another reason, the operator must appoint a new panel to hear it. You must pay any costs awarded against you within 28 days of the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220925.

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Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

66Panel may refuse to hear dispute

  1. A disputes panel may refuse to hear, or continue to hear, a dispute if the panel considers, after consulting with the parties,—

  2. that the dispute is frivolous or vexatious or an abuse of process; or
    1. that the dispute should be heard by a court of law; or
      1. that the panel should not hear it for any other sufficient reason.

        1. When the panel consults the parties on a proposal to exercise any of its powers under subsection (1), the panel must advise the parties of the effect and implications of the proposal.

        2. If the panel refuses to hear, or to continue to hear, a dispute under subsection (1)(b), the panel must refer the dispute to the nearest office of the District Court for hearing.

        3. The District Court to which a dispute is referred under subsection (3)—

        4. must hear and determine the dispute as if it were a disputes panel, and has all the powers and duties of a disputes panel under this Act:
          1. in respect of any matter not otherwise provided for, may hear and determine the dispute in accordance with the District Court Act 2016 and the District Court Rules 2014.

            1. The panel at its discretion may award costs for the hearing to the point that the panel refuses to continue to hear the dispute, and must take into account the conduct of the parties.

            2. If the panel refuses to hear, or continue to hear, a dispute under subsection (1)(c), the operator must appoint another panel to hear the dispute.

            3. Any person against whom costs are awarded under this section must pay them within 28 days of the decision to award them.

            Notes
            • Section 66(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 66(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 66(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 66(7): added, on , by section 7 of the Retirement Villages Amendment Act 2005 (2005 No 113).