Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
86: Filing of applications
or “How to start a case with the Tribunal by submitting a form and paying a fee”
You could also call this:

“The boss decides what to do when someone asks for help with a house problem.”

When you submit an application as described in section 86, the chief executive has some choices to make. They can send your application to a Tenancy Mediator, unless the rules say it needs to go straight to the Tribunal. If it needs to go to the Tribunal, the chief executive will send it to the right Registrar.

If your application is about section 61(1), it always goes straight to the Tribunal. The chief executive will send it to the right Registrar.

If you or the other person tell the chief executive that you don’t want a Tenancy Mediator to look at your case, the chief executive will send your application to the right Registrar.

The ‘right Registrar’ is usually the one closest to the house or flat your application is about. Sometimes, the chief executive might choose a different Registrar if they think it’s better for your case.

The chief executive makes sure that the Tenancy Mediator who looks at your case is fair to both sides. They can’t be connected to you or the other person in the case.

If the government is involved in your case, you can’t say the Tenancy Mediator isn’t fair just because they work for the government.

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 It might be out of date or be missing some parts.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

Next up: 88: Functions of Tenancy Mediators

or “Helpers who try to solve problems between landlords and tenants”
Next

Part 3 The Tenancy Tribunal
Procedure

87Duties of chief executive on receipt of application

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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).