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Residential Tenancies Act 1986

The Tenancy Tribunal - Constitution and administration

76: Tenancy Mediators

You could also call this:

“ People who help solve arguments between renters and landlords without going to court ”

The chief executive must appoint Tenancy Mediators to help with disputes under this Act. These mediators can be people hired under the Public Service Act 2020, other individuals, or companies. If a company is appointed as a mediator, it must work through its employees who are allowed to do this job.

Tenancy Mediators have several jobs. They help people who are having disputes by trying to get them to agree. They look into all parts of the dispute and suggest ways to solve it fairly. They also do what the Tribunal tells them to do for disputes within its area. Mediators can’t make final decisions about disputes, even if people ask them to.

When a dispute is being handled by the Tribunal, mediators can’t work on it unless the Tribunal says so. A dispute is considered to be with the Tribunal from when the Registrar first hears about it until the Tribunal makes its final decision.

Mediators must follow the Tribunal’s instructions when doing their job, no matter who employs them. They can’t be sued for things they do in good faith as part of their work. This protection also applies to employees of companies that are appointed as mediators.

The chief executive can still enforce the terms of a mediator’s job, and companies appointed as mediators can do the same for their employees. Mediators can work anywhere in 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=DLM95571.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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75: Offices and Tenancy Officers, or

“This part used to explain how the government set up special offices and people to help with renting homes, but it's not used anymore.”

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77: Jurisdiction of Tribunal, or

“The Tribunal decides disputes between landlords and tenants about rental homes, including what types of homes are covered, how much rent can be charged, and whether someone can stay in or be removed from a rental home.”

Part 3 The Tenancy Tribunal
Constitution and administration

76Tenancy Mediators

  1. The chief executive must, from time to time, appoint Tenancy Mediators for the purposes of this Act.

  2. For the purposes of subsection (1), the chief executive may appoint 1 or more of the following:

  3. natural persons under the Public Service Act 2020:
    1. natural persons otherwise than under that Act on terms and conditions determined by the chief executive:
      1. bodies corporate on terms and conditions determined by the chief executive.

        1. A Tenancy Mediator that is a body corporate must perform or exercise its duties, functions, and powers through natural persons who are officers or employees of the body corporate and who are authorised by it for the purposes of this subsection.

        2. Repealed

        3. Repealed

        4. Repealed

        5. Tenancy Mediators shall have the following duties, functions, and powers:

        6. where an application has been made for the exercise of the Tribunal's jurisdiction in respect of any dispute, to offer their services to the parties to the dispute and to assist the parties in bringing about a settlement:
          1. in giving such assistance, to inquire fully into any such dispute and all matters affecting its merits, and to make such suggestions and recommendations and do all such things as they think right and proper for inducing the parties to come to a fair and amicable settlement:
            1. to carry out, in respect of disputes arising within the jurisdiction of the Tribunal, all such directions as the Tribunal may think fit to give:
              1. such other duties, functions, and powers as are conferred on Tenancy Mediators by this Act.

                1. No Tenancy Mediator shall have power to determine any matter in dispute, whether with or without a request by the parties.

                2. Subject to any directions of the Tribunal, no Tenancy Mediator shall have or exercise any duties, functions, or powers in respect of any dispute that is before the Tribunal.

                3. For the purposes of subsection (7), a dispute is before the Tribunal from the time when the Registrar receives notice of the dispute until the time when the Tribunal makes a final determination in respect of the dispute.

                4. In the performance of their duties, functions, and powers under this Act, Tenancy Mediators—

                5. shall be subject to the directions of, and responsible to, the Tribunal irrespective of whether or not they are officers or employees of any of the State services, provided that in all other respects Tenancy Mediators shall be subject to the terms and conditions, whether express or implied, of their employment contract or appointment; and
                  1. shall be entitled to immunity from suit in respect of any act or matter done or omitted to be done by them in good faith.

                    1. In relation to a Tenancy Mediator that is a body corporate, subsection (9)(b) also applies to any officer or employee of the body corporate through whom the body corporate is performing or exercising its duties, functions, and powers in accordance with subsection (1B).

                    2. Subsection (9)(b) does not prevent the following:

                    3. the chief executive exercising a right under, or otherwise enforcing, the terms and conditions of a Tenancy Mediator’s employment contract or appointment:
                      1. a Tenancy Mediator that is a body corporate exercising a right under, or otherwise enforcing, the terms and conditions of the appointment or employment contract of any of its officers or employees.

                        1. Tenancy Mediators may perform and exercise their duties, functions, and powers at any place within New Zealand.

                        2. Repealed
                        Notes
                        • Section 76(1): replaced, on , by section 23(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(1A): inserted, on , by section 23(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(1A)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                        • Section 76(1B): inserted, on , by section 23(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(2): repealed, on , by section 23(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(3): repealed, on , by section 23(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(4): repealed, on , by section 31(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                        • Section 76(8): amended, on , by section 56(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                        • Section 76(9)(a): replaced, on , by section 31(3) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                        • Section 76(9A): inserted, on , by section 23(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(9B): inserted, on , by section 23(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                        • Section 76(11): repealed, on , by section 23(4) of the Residential Tenancies Amendment Act 2016 (2016 No 26).