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Residential Tenancies Act 1986

The Tenancy Tribunal - Constitution and administration

67: Constitution of Tribunal

You could also call this:

“The law sets up a special group of people to help solve problems between landlords and tenants.”

There’s a special group called the Tenancy Tribunal that helps with renting issues in New Zealand. Here’s how it works:

The Tribunal has different people who help solve problems. There’s a main person called the Principal Tenancy Adjudicator who has been a lawyer for at least 5 years. There’s also a second-in-charge person called the Deputy Principal Tenancy Adjudicator who has also been a lawyer for at least 5 years.

The Tribunal also has other people called Tenancy Adjudicators. These people help make sure that renting problems can be solved quickly all over New Zealand. The Governor-General chooses these people based on what the Minister of Justice and another Minister suggest.

To be a Tenancy Adjudicator, you need to be a lawyer or have special knowledge about renting. You can’t have another job that might get in the way of being a Tenancy Adjudicator.

The Principal Tenancy Adjudicator can decide that some cases need to be heard by a Tenancy Adjudicator who is a lawyer. You can find more information about this in section 84(3).

Even if there aren’t enough people in the Tribunal, it can still do its job. The Tribunal keeps working even if some positions are empty.

In this law, when they talk about “a required qualification”, they mean you’re allowed to be a lawyer in New Zealand or in another country that has similar laws to New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95547.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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Part 3 The Tenancy Tribunal
Constitution and administration

67Constitution of Tribunal

  1. For the purposes of this Act there is hereby constituted a tribunal, to be called the Tenancy Tribunal.

  2. The Tribunal shall consist of—

  3. 1 person, being a person who has held a required qualification for at least 5 years, who shall be appointed to be the Principal Tenancy Adjudicator:
      1. such number of other persons as may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand, who shall be appointed to be Tenancy Adjudicators.

        1. One Tenancy Adjudicator, being a person who has held a required qualification for at least 5 years, may be appointed to be the Deputy Principal Tenancy Adjudicator.

        2. Every Tenancy Adjudicator shall be appointed by the Governor-General on the joint recommendation of the Minister of Justice and the Minister.

        3. Repealed

        4. No person shall be eligible for appointment to the Tribunal unless that person—

        5. has a required qualification; or
          1. is, in the opinion of the Minister of Justice and the Minister, otherwise capable by reason of special knowledge or experience of performing and exercising the duties, functions, and powers of a Tenancy Adjudicator.

            1. In recommending persons for appointment to the Tribunal under subsection (2)(c), the Minister of Justice and the Minister shall ensure, so far as practicable, that—

              1. there will be sufficient Tenancy Adjudicators who have a required qualification to ensure the efficient and expeditious dispatch of those cases that are directed by the Principal Tenancy Adjudicator, under section 84(3), to be heard and determined by a Tenancy Adjudicator who has a required qualification, whether sitting alone or with any other Tenancy Adjudicator.

                1. The office of Tenancy Adjudicator shall not be held in conjunction with any office or employment in the public service, nor with any other office or employment that, in the opinion of the Minister of Justice and the Minister, is inconsistent with the office of Tenancy Adjudicator.

                2. The duties, functions, and powers of the Tribunal shall not be affected by any vacancy in its membership.

                3. In this section, the term a required qualification means—

                4. a practising certificate as a barrister or solicitor, or as both a barrister and solicitor, of the High Court of New Zealand; or
                  1. an equivalent qualification issued or recognised by the appropriate authority in any Commonwealth country, or in any other common law country or state.

                    Notes
                    • Section 67(2)(b): repealed, on , by section 28(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                    • Section 67(2A): inserted, on , by section 28(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                    • Section 67(3): replaced, on , by section 28(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                    • Section 67(3): amended, on , by section 50(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 67(4): repealed, on , by section 50(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 67(5)(b): amended, on , by section 50(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 67(5)(b): amended, on , by section 28(3) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                    • Section 67(6): amended, on , by section 50(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 67(6): amended, on , by section 28(4) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                    • Section 67(6)(a): repealed, on , by section 50(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 67(7): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                    • Section 67(7): amended, on , by section 50(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 67(7): amended, on , by section 28(5) of the Residential Tenancies Amendment Act 1996 (1996 No 7).