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Retirement Villages Act 2003

Dispute resolution, enforcement, and penalties - Dispute resolution

67: Evidence and attendance

You could also call this:

"Telling the disputes panel what happened"

Illustration for Retirement Villages Act 2003

You can give evidence at a disputes panel hearing. The panel decides what evidence to accept. The panel can accept evidence from anyone, even if it's not allowed in court. You can give evidence even if you're not at the hearing. The panel might not accept evidence from someone who is not at the hearing. But first, they must give you a chance to arrange for the person to attend. If you don't attend the hearing, the panel can still make a decision. The panel can let you have someone represent you, like a lawyer. They can question the other party, considering things like the dispute and the amounts involved. The panel thinks about what's fair for you and the other party.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM220927.

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Crime and justice > Courts and legal helpHousing and property > Renting
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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."

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68: Matters that disputes panel must take into account in deciding certain disputes, or

"Things to consider when deciding retirement village disputes"

Part 4Dispute resolution, enforcement, and penalties
Dispute resolution

67Evidence and attendance

  1. The disputes panel may admit any relevant evidence at the hearing from any person, whether or not the evidence would be admissible in a court and whether or not the person is present at the hearing.

  2. The disputes panel may decline to receive any evidence from any person who is not present but, before doing so, must give the relevant party a reasonable opportunity to arrange to have the person attend the hearing or an adjourned hearing.

  3. The disputes panel may make a decision even though a person entitled to be present and heard at the hearing did not attend it unless, before the disputes panel makes the decision,—

  4. the person gives the disputes panel a reasonable excuse for the person's non-attendance; and
    1. the disputes panel considers that a decision should not be made until the person has been heard.

      1. The disputes panel may allow 1 or more parties to be represented, whether by counsel or otherwise, and to question the other party as it considers appropriate, having regard to—

      2. the nature of the dispute; and
        1. the amounts or matters involved; and
          1. the implications for the party of an adverse finding; and
            1. the ability of the party to address issues personally.