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Residential Tenancies Act 1986

Tenancy agreements - Preliminary matters

12A: Choice of procedures

You could also call this:

"You can choose one way to solve a problem: use the Tribunal or make a complaint."

Illustration for Residential Tenancies Act 1986

You can take one of two steps if you are entitled to make an application to the Tribunal and also a complaint under the Human Rights Act 1993. You may invoke the procedures under this Act for those circumstances. You may make a complaint under the Human Rights Act 1993 for those circumstances. When you make a complaint under the Human Rights Act 1993, it means proceedings have started because of you or the Commission. This is important to know when deciding what step to take. You can only take one of these steps, not both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95019.

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Part 2Tenancy agreements
Preliminary matters

12AChoice of procedures

  1. Where the circumstances are such that any person would be entitled to make an application to the Tribunal and also a complaint under the Human Rights Act 1993, that person may take one, but not both, of the following steps:

  2. the person may invoke, in relation to those circumstances, the procedures under this Act:
    1. the person may make, in relation to those circumstances, a complaint under the Human Rights Act 1993.

      1. For the purposes of subsection (1)(b), a person makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission.

      Compare
      • 1991 No 22 s 39
      • 1993 No 82 s 145
      Notes
      • Section 12A: inserted, on , by section 5(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
      • Section 12A(2): replaced, on , by section 71(1) of the Human Rights Amendment Act 2001 (2001 No 96).