Plain language law

New Zealand law explained for everyone

Public Works Act 1981

Compensation - The claim

85: Tribunal may require claimant or respondent to state particulars

You could also call this:

“The Tribunal can ask for more details about a claim”

The Land Valuation Tribunal can ask you or the other person involved in a claim to provide more information. If you’re making a claim, you need to give all the details about what you’re asking for, including how much money you want for each part of your claim. If you don’t do this, the other person can ask you in writing to give them these details.

If you’re the one making the claim, you can also ask the other person to explain in writing why they don’t agree with your claim or parts of it.

Both you and the other person need to give this information at least 15 working days before the Tribunal meets to hear the claim. If you don’t, the Tribunal can do a few things:

  1. They can order the person who hasn’t given the information to provide it.
  2. They can delay the hearing until the information is given and the person who asked for it has had enough time to look at it.
  3. They can make the person who didn’t give the information pay for any costs caused by delaying the hearing.

The Tribunal can do any of these things if someone asks them to, either before or during the hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM46932.

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"Telling someone else they might need to pay for part of a public works claim"

Part 5 Compensation
The claim

85Tribunal may require claimant or respondent to state particulars

  1. If the claimant does not give full particulars of his claim, or does not specify in his claim the amount claimed for each matter on account of which he claims compensation, the respondent may by notice in writing require him to furnish those particulars.

  2. The claimant may, at any time after service of his claim on the respondent, by notice in writing require the respondent to furnish a reply to the claim, giving the reasons for not admitting the claim or any part of it.

  3. If the particulars or reasons referred to in subsection (1) or subsection (2) are not supplied at least 15 working days before the date appointed for the sitting of the Land Valuation Tribunal to hear the claim, the Tribunal may, if it thinks fit, on the application of either party made before or at the hearing—

  4. order the party in default to furnish the particulars:
    1. adjourn the hearing of the claim until the particulars are supplied and the party making application has had reasonable time to consider them:
      1. order that the costs occasioned by the adjournment shall be borne by the party in default.

        Compare
        • 1928 No 21 s 52