Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

The Tenancy Tribunal - Jurisdiction

82: Exclusion of other jurisdictions

You could also call this:

“This law says that only special courts can handle certain cases, unless they started before this law was made or if a judge says it's okay.”

You can only bring your case to the Tenancy Tribunal. No other court or group can handle these matters unless your case started before this law came into effect. The only other exception is if someone gets special permission under section 83(2).

If you already started a case somewhere else before this law began, you can’t bring the same issues to the Tenancy Tribunal. This rule applies unless your original case is moved to the Tribunal, or if you stop pursuing your original case.

For cases that began before this law, the court or group handling your case can choose to send it to the Tenancy Tribunal. This can only happen if everyone involved agrees. The court might also decide who pays for any costs related to moving the case.

If your case is moved to the Tenancy Tribunal, they can look at any notes or evidence from your original case. You won’t need to present all the evidence again unless the Tribunal asks you to.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95585.

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Housing and property > Renting
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81: Exclusion of Tribunal's jurisdiction prohibited, or

“ No one can stop you from going to the special court for house renting problems. ”

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83: Transfer of proceedings to District Court, or

“The Tribunal can move a case to the District Court if it's not allowed to handle it or if it thinks the District Court would be better at dealing with it.”

Part 3 The Tenancy Tribunal
Jurisdiction

82Exclusion of other jurisdictions

  1. Notwithstanding any other enactment or rule of law to the contrary, no court or other body shall have originating jurisdiction in respect of any matter that is within the jurisdiction of the Tribunal unless—

  2. proceedings in respect of that matter were commenced before that court or other body before the commencement of this Act; or
    1. an order is made under section 83(2).

      1. Where subsection (1)(a) applies to proceedings before a court or other body, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties before the Tribunal unless the proceedings are transferred to the Tribunal under subsection (3), or the claim before the court or other body is withdrawn, abandoned, or struck out.

      2. In any case to which subsection (1)(a) applies, the court or other body before which the proceedings were being conducted immediately before the date of the commencement of this Act may, with the consent of each of the parties, instead of determining the matter itself, order that the proceedings be transferred to the Tribunal subject to such provision (if any) as to the payment of costs as the court or other body thinks fit.

      3. Where proceedings are transferred to the Tribunal under subsection (3), the Tribunal may have regard to any notes of evidence transmitted to the Tribunal, and it shall not be necessary for that evidence to be given again before the Tribunal unless the Tribunal so requires.