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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Dispute resolution

185: District Court to enforce dispute resolution scheme

You could also call this:

"The District Court helps solve disputes by making people follow the rules and pay what they owe."

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You can go to the District Court if you are in a dispute and need help. The court can make an order to make someone follow the rules of the dispute resolution scheme. The court can also make an order to make a resolution work as decided in section 180(3). You can enforce an order from an adjudicator like a District Court judgment. This means you can get the court to make someone pay an amount they owe. If the District Court thinks a resolution is very unfair, it can change it before making it work. This rule is more important than other rules, including section 180(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888450.

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Part 4Miscellaneous and enforcement provisions
Dispute resolution

185District Court to enforce dispute resolution scheme

  1. The District Court may, on the application of a party to a dispute or the administrator, make an order—

  2. requiring a party to comply with the rules of the dispute resolution scheme; or
    1. to give effect to any resolution that is binding under section 180(3).

      1. If an order of an adjudicator or any other decision maker made under the dispute resolution scheme requires a party to pay an amount to any person, that order may be enforced as if it were a judgment by the District Court for the payment of that amount to that person.

      2. If the District Court is satisfied that the terms of the resolution of a dispute under the dispute resolution scheme are manifestly unreasonable, the court may modify the resolution before giving effect to it.

      3. Subsection (3) overrides subsections (1) and (2) and section 180(3).