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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

90: Tenancy Mediator to observe confidentiality

You could also call this:

“The mediator must keep secrets learned during mediation, but there are some exceptions.”

If you are a Tenancy Mediator, you must keep all information and statements you receive during a mediation confidential. This means you can’t tell anyone else about what you hear or learn while helping to resolve a dispute. If you break this rule, you could be fined up to $1,800.

However, there are some situations where you can share the information:

You can share if the person who gave you the information says it’s okay. You can also tell someone if you think it’s necessary to stop someone from getting hurt or to prevent damage to property. If you have to give evidence in court about the mediation, as mentioned in [section 89(4)], you can share the information then. You’re also allowed to share information if it helps with the mediation process. Lastly, you can tell the Tribunal if you believe it’s the right thing to do.

Remember, these rules are in place to protect people’s privacy and to make sure that mediation is a safe and trusted process for resolving disputes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95596.

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“ Things said during mediation are private and can't be used in court ”

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Part 3 The Tenancy Tribunal
Procedure

90Tenancy Mediator to observe confidentiality

  1. Every Tenancy Mediator commits an offence and is liable on conviction to a fine not exceeding $1,800 who discloses to any other person any information or statement received by or made to the Tenancy Mediator in the course of, and for the purposes of or in connection with, the mediation of any dispute.

  2. Nothing in subsection (1) shall apply if—

  3. the person from whom the information is received or by whom the statement is made consents to the disclosure; or
    1. there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property; or
      1. the information or statement is given in evidence pursuant to section 89(4); or
        1. the disclosure is reasonably required for the purpose of facilitating the mediation; or
          1. the disclosure is made to the Tribunal in good faith.

            Notes
            • Section 90(1): amended, on , by section 52 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 90(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 90(2)(d): amended, on , by section 35 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
            • Section 90(2)(e): inserted, on , by section 35 of the Residential Tenancies Amendment Act 1996 (1996 No 7).