Part 4
Administration
Functions and powers of chief executive
124BSupplementary provision to section 124A
The chief executive may not initiate
any proceedings under section 124A(1) any later than 12 months after the date on which the chief executive becomes aware of the matters on which the proceedings are based.If the chief executive acts in the place of a party (A) under section 124A(1), the following provisions apply in relation to the proceedings in question:
- the chief executive has the same rights and remedies as A, including the right to settle the proceedings:
- the chief executive may do anything in relation to the proceedings that A could do and, as between the chief executive and A, has control of the proceedings:
- if the proceedings have already commenced, the Tribunal or court must substitute the chief executive for A as a party to the proceedings:
- the Tribunal must, on the chief executive’s application, order that any other claim by or against A be dealt with in separate proceedings brought by the claimant against A (and not against the chief executive):
- any order or judgment may be enforced by the chief executive as if the chief executive were A:
- any money (excluding costs) recovered by the chief executive must, without any deduction, be paid by the chief executive to A:
- A must reasonably co-operate with the chief executive.
In subsection (2)(d), claim means a claim for money, a possession order, a work order, or anything else, whether under the tenancy agreement, this Act, or otherwise.
If a person is the landlord under 2 or more tenancies and the chief executive acts under section 124A(1) in relation to 2 or more of those tenancies, the Tribunal or any court may allow any of the proceedings in question that are before it to be consolidated with 1 or more of any of the other proceedings in question that are before it.
Any certificate given by the chief executive relating to the chief executive’s powers under section 124A or this section is, in the absence of proof to the contrary, sufficient evidence of the matters referred to in the certificate.
Notes
- Section 124B: inserted, on , by section 40 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
- Section 124B(1): amended, on , by section 69(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2): amended, on , by section 69(2)(a) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(a): amended, on , by section 69(2)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(b): amended, on , by section 69(2)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(c): amended, on , by section 69(2)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(d): replaced, on , by section 69(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(e): amended, on , by section 69(2)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(f): amended, on , by section 69(2)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 124B(2)(g): amended, on , by section 69(2)(b) of the Residential Tenancies Amendment Act 2020 (2020 No 59).