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Student Loan Scheme Act 2011

Interest, relief, penalties and offences, rights of objection, and rights to challenge - Borrower's right to object to loan manager about details of loan advances

171: Right to apply to Disputes Tribunal or District Court

You could also call this:

"You can ask a special court to look at your case if you don't like a decision about your student loan"

If you disagree with a decision made by the chief executive about your objection, you have options. You can take your case to the Disputes Tribunal or the District Court. You need to do this within 30 days of being told about the decision. If your dispute is about an amount of money that the Disputes Tribunal can handle, you can go there. If not, you can go to the District Court. If you miss the 30-day deadline, you can ask for more time. The person in charge at the Disputes Tribunal or the District Court can give you extra time if they think it's fair. Remember, some types of objections can't be heard by these courts. The rules about which court to use are more important than what it says in the Disputes Tribunal Act or the District Court Act, but you still need to follow the steps about when and how to apply.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3180360.

Topics:
Education and learning > Higher educationMoney and consumer rights > Banking and loansCrime and justice > Courts and legal help
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170: Chief executive must consider objections required to be determined by chief executive, or

"Boss must review and decide on complaints about student loans"

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172: Notification of Disputes Tribunal's or District Court's decision about objection, or

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Part 4Interest, relief, penalties and offences, rights of objection, and rights to challenge
Borrower's right to object to loan manager about details of loan advances

171Right to apply to Disputes Tribunal or District Court

  1. Subsection (2) applies if an objection under section 167 that the chief executive is required to determine under section 169 is not wholly allowed by the chief executive.

  2. The objector may, within 30 days after the date on which the chief executive notifies the objector of the decision under section 170(2)(a), either—

  3. apply to the Disputes Tribunal for determination of the dispute if the amount in dispute is within the financial jurisdiction of the Disputes Tribunal; or
    1. apply to the District Court for determination of the dispute.

      1. A Referee of the Disputes Tribunal or a District Court Judge, as applicable, may extend the time allowed under subsection (2) for applying to the Disputes Tribunal or District Court.

      2. No objection to which section 167 or 169 applies may be heard and determined by the Disputes Tribunal or the District Court.

      3. Subsection (4) applies—

      4. despite anything in the Disputes Tribunal Act 1988 or the District Court Act 2016; but
        1. subject to subsections (1) and (2).

          Compare
          Notes
          • Section 171(2)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 171(2)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 171(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 171(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 171(5)(a): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).