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New Zealand law explained for everyone

Building Societies Act 1965

Management and administration - Determination of disputes

111: Determination of disputes by court

You could also call this:

“Court helps solve building society disagreements”

If you have a disagreement with a building society, the court can sometimes help solve it. This can happen in two ways:

First, if the building society’s rules say that disagreements should go to court or to Justices, then the court can hear about your problem and make a decision.

Second, you can ask the court to help if you’ve tried to solve the problem another way but it didn’t work. For example, if you asked the other person to use arbitration (where someone else decides for you) as the society’s rules say, but they didn’t agree within 40 days. Or, if the people chosen to make the decision (called arbitrators) didn’t give an answer within 21 days.

In these cases, you can go to the court and ask them to look at your disagreement and make a 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=DLM372301.

Topics:
Housing and property > Buying and selling homes Money and consumer rights > Banking and loans
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110: Determination of disputes by Registrar, or

"The Registrar used to help solve disagreements, but this rule was removed"

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Part 7 Management and administration
Determination of disputes

111Determination of disputes by court

  1. The court may hear and determine a dispute in any case where—

  2. the society's rules direct that disputes shall be referred to the court or to Justices; or
    1. it appears to the court, on the application of any person concerned, that either party to the dispute has applied to the other party for the purpose of having the dispute settled by arbitration under the society's rules, and that either the last-mentioned application has not been complied with within 40 days or the arbitrators have refused, or have neglected for a period of 21 days, to make an award.

      Compare
      • 1908 No 18 s 39
      • Building Societies Act 1962 s 96 (UK)