Part 3
The Tenancy Tribunal
Procedure
87Duties of chief executive on receipt of application
When an application is filed in accordance with section 86, the chief executive may refer it to a Tenancy Mediator unless, in terms of any regulations made under this Act or of any directions given by the Principal Tenancy Adjudicator, the application is of a class that is to be referred directly to the Tribunal, in which case the chief executive must refer the application to the appropriate Registrar.
Despite subsection (1), an application under section 61(1) must be referred directly to the Tribunal and the chief executive must refer the application to the appropriate Registrar accordingly.
Despite subsection (1), if either party informs the chief executive that that party refuses to have the matter considered by a Tenancy Mediator, the chief executive must refer the application to the appropriate Registrar.
For the purposes of this section and section 88, the appropriate Registrar is the Registrar nearest any premises in respect of which an application is made under this Act or any other Registrar that the chief executive considers appropriate for the purposes of the application.
The chief executive must ensure that a Tenancy Mediator to whom an application is referred is, and continues during the case to be, independent of each of the parties.
If any of the State services is a party, the Tenancy Mediator’s independence cannot be challenged just because the Tenancy Mediator is an officer or employee of any of the State services.
Notes
- Section 87: replaced, on , by section 60 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
- Section 87(1): amended, on , by section 8(1) of the Residential Tenancies Amendment Act 2012 (2012 No 113).
- Section 87(1A): inserted, on , by section 27(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
- Section 87(2): amended, on , by section 8(2) of the Residential Tenancies Amendment Act 2012 (2012 No 113).
- Section 87(3): inserted, on , by section 8(3) of the Residential Tenancies Amendment Act 2012 (2012 No 113).
- Section 87(4): inserted, on , by section 27(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
- Section 87(5): inserted, on , by section 27(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).