Residential Tenancies Act 1986

The Tenancy Tribunal - Jurisdiction

83A: Referral of complaints to Health and Disability Commissioner

You could also call this:

“The Tribunal can talk to and send complaints to the Health and Disability Commissioner if a landlord who provides health services does something wrong.”

You should know that if a dispute involves how a landlord acts when providing health or disability services, and it’s the kind of issue you can complain about under the Health and Disability Commissioner Act 1994, the Tribunal can do two things. First, they can talk to the Health and Disability Commissioner about whether it’s a good idea to send the dispute to them. After they’ve talked about it, the Tribunal can then decide to send all or part of the dispute to the Health and Disability Commissioner for them to look at.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283999.

Topics:
Housing and property > Renting
Health and wellbeing > Healthcare services

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“The Tribunal can move a case to the District Court if it's not allowed to handle it or if it thinks the District Court would be better at dealing with it.”


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84: Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator, or

“Any Tenancy Adjudicator can make decisions for the Tribunal, but sometimes the boss Adjudicator can choose who deals with certain cases.”

Part 3 The Tenancy Tribunal
Jurisdiction

83AReferral of complaints to Health and Disability Commissioner

  1. If a dispute or part of a dispute raises a question as to the landlord’s conduct in the landlord’s capacity as a provider of health or disability services and the conduct is of a kind about which a complaint may be made under the Health and Disability Commissioner Act 1994, the Tribunal may—

  2. consult with the Health and Disability Commissioner about the appropriateness of referring the dispute to the Health and Disability Commissioner; and
    1. following that consultation, refer the dispute in whole or in part to the Health and Disability Commissioner for his or her consideration.
      Notes
      • Section 83A: inserted, on , by section 59 of the Residential Tenancies Amendment Act 2010 (2010 No 95).