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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

93: Right of audience

You could also call this:

“This explains who can speak and have a lawyer at special meetings about houses and flats.”

You have the right to attend and be heard at any hearing before the Tribunal. You can call witnesses, ask them questions, and answer questions yourself. Usually, you can’t have a lawyer or someone else speak for you at the hearing. But there are some times when you can:

If the other person agrees, or if the dispute is about more than $6,000, or if the other side is the chief executive acting under section 124 or 124A, you can have a lawyer.

The Tribunal might let you have a lawyer if they think it’s fair, like if the case is very complex or if one side is much better at explaining things than the other.

If one side has a lawyer, the other side can have one too.

Some people can have a representative that the Tribunal approves. This includes the government, companies, people who share responsibility with others, young people, and anyone who can’t come to the hearing or explain their case well.

If you want a representative, the Tribunal needs to make sure they know enough about your case and can make decisions for you.

The Tribunal usually won’t let you have a lawyer or someone who often speaks at tribunals as your representative. But there are some exceptions, like if the representative is also involved in the case, or if they’re the main owner of a company in the case, or if they’ve been managing your affairs because you can’t do it yourself.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95903.

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Part 3 The Tenancy Tribunal
Procedure

93Right of audience

  1. At any hearing before the Tribunal, every party shall be entitled to attend and be heard, to call evidence, and to examine, cross-examine, and re-examine witnesses.

  2. Except as provided in the succeeding provisions of this section, no party shall be entitled to be represented at the hearing by counsel or by a representative, except where—

  3. the other party consents; or
    1. the amount in dispute exceeds $6,000; or
      1. the other party is, or the other party's case is being conducted by, the chief executive acting under section 124 or 124A.

        1. The Tribunal may allow any party to be represented by counsel if it considers that it would be appropriate to do so, having regard to—

        2. the nature and complexity of the issue involved; or
          1. any significant disparity between the parties affecting their ability to represent their respective cases.

            1. Where any party to any proceedings before the Tribunal is represented by counsel, any other party to those proceedings may be represented by counsel.

            2. The following parties may be represented by a representative who is approved by the Tribunal:

            3. the Crown, if the representative is an officer or employee of the Crown:
              1. a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds a majority interest in it:
                1. a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons:
                  1. a minor, or other person under disability:
                    1. any other person, if the Tribunal is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately.

                      1. Where a representative of a party is proposed for the Tribunal's approval, the Tribunal shall satisfy itself that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party.

                      2. The Tribunal shall not appoint under section 94(2)(a), or approve under this section, as a representative of a party a person who is or has been enrolled as a barrister and solicitor, or who, in the opinion of the Tribunal, is, or has been, regularly engaged in advocacy work before other tribunals; but this prohibition does not apply where—

                      3. the person proposed for approval is a person or one of the persons jointly liable or entitled with another or others; or
                        1. the party seeking to be represented is a company and the person proposed for approval is the majority shareholder of the company; or
                          1. the person proposed for approval is a person—the party's affairs because of the party's absence, age, or disability.
                            1. who is managing; and
                              1. who was, before the proceedings were commenced before the Tribunal, managing—

                              Notes
                              • Section 93(2)(b): amended, on , by section 65 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                              • Section 93(2)(c): amended, on , by section 32 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
                              • Section 93(2)(c): amended, on , by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                              • Section 93(7)(b): amended, on , by section 37 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                              • Section 93(7)(c): inserted, on , by section 37 of the Residential Tenancies Amendment Act 1996 (1996 No 7).