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Electricity Industry Act 2010

Industry participants and consumers - Dispute resolution

97: Compliance with rules and binding settlements

You could also call this:

“Following the rules and decisions of your dispute resolution group”

If you’re part of a dispute resolution scheme, you must follow its rules. The District Court can make you follow these rules if you don’t. They can also make you stick to any decisions made by the scheme about complaints or indemnity disputes.

If the court thinks a decision is really unfair, they can change it a bit. But they can only change it to something the scheme could have decided anyway.

If the court tells you to pay money as part of following a decision, it’s treated like the court itself told you to pay that money.

Even if you used to be in the scheme but aren’t anymore, these rules still apply to you for things that happened when you were in it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2634498.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules
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Part 4 Industry participants and consumers
Dispute resolution

97Compliance with rules and binding settlements

  1. Members of the dispute resolution scheme must comply with the rules of the scheme.

  2. On the application of the person responsible for the dispute resolution scheme, the District Court may require a member of the scheme to do any of the following:

  3. comply with the rules of the scheme:
    1. comply with a binding settlement determined by the scheme in response to a complaint:
      1. comply with a binding settlement determined by the scheme in an indemnity dispute.

        1. If the District Court is satisfied that the terms of a binding settlement are manifestly unreasonable, the court's order under subsection (2)(b) may modify the terms of the binding settlement, but only to the extent that the modification results in a binding settlement that could have been made under the dispute resolution scheme.

        2. If an order requiring a member to comply with a binding settlement includes a requirement that the member pay an amount of money to a person, that order (or part of the order) may be enforced as if it were a judgment by the District Court for the payment of a sum of money.

        3. A reference in this section to a member includes a reference to a person who was a member of the dispute resolution scheme at the relevant time but is no longer a member at the time of the application or order.

        Notes
        • Section 97(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 97(2): amended, on , by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
        • Section 97(2)(c): inserted, on , by section 16 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).
        • Section 97(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 97(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).