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124A: Chief executive may take proceedings in place of tenant or landlord
or “The boss can step in and handle legal stuff for renters or landlords if it's important for everyone.”

You could also call this:

“Extra rules for when the boss steps in to help with legal problems”

The chief executive can’t start any legal actions under section 124A(1) more than 12 months after finding out about the issues.

If the chief executive takes over for someone (let’s call them A) in a legal case, they get the same rights as A. This means the chief executive can settle the case, do anything A could do, and control the proceedings. If the case has already started, the Tribunal or court will replace A with the chief executive. The chief executive can ask for any other claims by or against A to be dealt with separately.

The chief executive can enforce any orders or judgments as if they were A. Any money the chief executive gets (except for costs) must be given to A without taking anything out. A needs to work well with the chief executive.

In this section, a “claim” means asking for money, an order to take possession of something, an order to do work, or anything else related to the tenancy agreement or this Act.

If someone is the landlord for more than one tenancy and the chief executive acts for two or more of these, the Tribunal or court can combine the cases.

Any certificate the chief executive gives about their powers under section 124A or this section is good evidence of what it says, unless someone can prove it’s not true.

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Next up: 125: Immunities

or “The chief executive can't be personally blamed for mistakes made while doing their job.”

Part 4 Administration
Functions and powers of chief executive

124BSupplementary provision to section 124A

  1. 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.

  2. 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:

  3. the chief executive has the same rights and remedies as A, including the right to settle the proceedings:
    1. 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:
      1. if the proceedings have already commenced, the Tribunal or court must substitute the chief executive for A as a party to the proceedings:
        1. 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):
          1. any order or judgment may be enforced by the chief executive as if the chief executive were A:
            1. any money (excluding costs) recovered by the chief executive must, without any deduction, be paid by the chief executive to A:
              1. A must reasonably co-operate with the chief executive.
                1. 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.

                2. 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.

                3. 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).