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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

88: Functions of Tenancy Mediators

You could also call this:

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

When you have a dispute about your tenancy, a Tenancy Mediator will try to help you and the other person agree on a solution. This is their main job.

If you both agree on a solution, the Tenancy Mediator can make orders to make it happen. These orders are like the ones the Tenancy Tribunal could make.

If the Mediator thinks you can’t agree soon, they will tell their boss. Their boss will then send your case to the Tribunal. The Mediator will try to tell you when the Tribunal might hear your case.

The Mediator can write a report about what happened in the mediation. This report can include facts you both agree on, what you solved, and what still needs to be decided. The Mediator can also say how you behaved, which might affect who pays for the Tribunal costs.

When the Mediator makes an order after you agree, they or you can ask for it to be sealed. This means a Tenancy Adjudicator or Registrar will check it and make it official. You can ask for this in person or online if that’s allowed.

If the Adjudicator or Registrar thinks the order is okay, they will seal it. If not, they might ask the Mediator to look at it again or send it to the Tribunal.

Once an order is sealed, it works like a Tribunal order and can be enforced.

If the order is about money, there are special rules about how it can be enforced in the District Court.

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 It might be out of date or be missing some parts.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=DLM95594.

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Part 3 The Tenancy Tribunal
Procedure

88Functions of Tenancy Mediators

  1. The primary function of a Tenancy Mediator in respect of an application referred to the Tenancy Mediator under section 87 is to attempt to bring the parties to the dispute to an agreed settlement.

  2. Where an agreed settlement is reached, the Tenancy Mediator may, to give effect to the settlement, make any order or orders that the Tribunal could have made if the application had come before it.

  3. If it appears to the Tenancy Mediator that it is unlikely that an agreed settlement can be reached within a reasonable time, the Tenancy Mediator—

  4. shall report accordingly to the chief executive who shall refer the application to the appropriate Registrar for determination by the Tribunal; and
    1. shall, wherever practicable, after consultation with the chief executive and the appropriate Registrar, inform the parties of the date on which the Tribunal is likely to be able to hear the matter.

      1. In any case to which subsection (3)(a) applies, the Tenancy Mediator may include in the Tenancy Mediator’s report to the chief executive any statement of facts agreed to by the parties, a summary of the points settled in mediation and those still requiring determination by the Tribunal, and any comments that the Tenancy Mediator may wish to make on the conduct of the parties so far as that may be relevant to the question of costs before the Tribunal in accordance with section 102(2)(c), but shall in all respects strictly observe the provisions of sections 89 and 90.

      2. The chief executive and the chief executive of the Ministry of Justice must make arrangements under which an order made by a Tenancy Mediator to give effect to an agreed settlement will be referred to a Tenancy Adjudicator or Registrar for sealing on an application made by the Tenancy Mediator or a party—

      3. to the appropriate Registrar; or
        1. by any electronic means (for example, through an Internet site) approved by the chief executive and the chief executive of the Ministry of Justice (if the arrangements allow applications to be made by electronic means).

          1. The Tenancy Adjudicator or Registrar must seal a copy of the order, unless subsection (6) or (6A) applies.

          2. Where that Tenancy Adjudicator believes that the order made by the Tenancy Mediator is outside the powers of the Tenancy Mediator to make, the Tenancy Adjudicator shall, instead of sealing the copy of the order,—

          3. decline to seal the order, and direct the chief executive to refer the matter to a Tenancy Mediator for further consideration in accordance with any directions given by the Tenancy Adjudicator; or
            1. direct that the matter be reconsidered and determined by the Tribunal.

              1. Where a Registrar to whom an order has been referred for sealing considers that the order is outside the powers of the Tenancy Mediator to make, the Registrar must, instead of sealing the copy of the order, decline to seal the order and refer the order to a Tenancy Adjudicator for consideration.

              2. If an order is referred to a Tenancy Adjudicator under subsection (6A), he or she must treat the order as if it had been referred directly to him or her under subsection (5).

              3. Where any copy of an order made by a Tenancy Mediator is sealed under this section, it shall have effect as an order of the Tribunal, and shall be enforceable accordingly.

              4. If a Tenancy Mediator makes an order under section 78(1)(d) to give effect to an agreed settlement, section 78(2AB) to (2AD) apply to the order, subject to the following modifications:

              5. section 78(2AB) and (2AD) must be read as if—
                1. the references to the money order were references to the agreed settlement; and
                  1. the reference to the Tribunal were a reference to the Tenancy Mediator; and
                    1. the reference to a hearing were a reference to mediation:
                    2. the order made by the Tenancy Mediator under section 78(1)(d) may be filed in the District Court to be enforced as an attachment order only if it is sealed under this section.

                      Notes
                      • Section 88(3)(a): amended, on , by section 9 of the Residential Tenancies Amendment Act 2012 (2012 No 113).
                      • Section 88(3)(a): amended, on , by section 61(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                      • Section 88(3)(b): amended, on , by section 9 of the Residential Tenancies Amendment Act 2012 (2012 No 113).
                      • Section 88(3)(b): amended, on , by section 61(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                      • Section 88(4): amended, on , by section 28(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                      • Section 88(4): amended, on , by section 61(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                      • Section 88(5): replaced, on , by section 28(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                      • Section 88(5): amended, on , by section 259(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                      • Section 88(5A): inserted, on , by section 28(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                      • Section 88(5A): amended, on , by section 259(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                      • Section 88(5A): amended, on , by section 259(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                      • Section 88(6)(a): replaced, on , by section 61(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                      • Section 88(6A): inserted, on , by section 259(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                      • Section 88(6B): inserted, on , by section 259(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                      • Section 88(8): inserted, on , by section 6 of the Residential Tenancies Amendment Act 2011 (2011 No 46).
                      • Section 88(8)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).