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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

94: Minors and persons under disability

You could also call this:

“Rules for young people and those who need help making decisions in legal matters”

If you’re a minor (under 18 years old), you can still be part of cases at the Tenancy Tribunal. The Tribunal will treat you like an adult, and you’ll need to follow their decisions.

Sometimes, the Tribunal might think it’s best to have someone help you with your case. They can choose someone to represent you and manage your case. This person can’t be someone who isn’t allowed to represent others at the Tribunal.

If you have a legal guardian because you can’t manage your own affairs, they will control your case at the Tribunal.

The person who’s managing your case can do everything you would be able to do if you were handling it yourself.

If you agree to settle your case or receive a payment after it has started, there are special rules that apply to make sure it’s fair for you.

These rules apply to cases at the Tribunal, appeals from the Tribunal, settlements agreed during cases, and when the Tribunal’s decisions are being enforced. They also apply to any orders made in these cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95907.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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Part 3 The Tenancy Tribunal
Procedure

94Minors and persons under disability

  1. Subject to this section, a minor may be a party to, and shall be bound by, proceedings before the Tribunal as if the minor were a person of full age and capacity.

  2. Where a minor is a party to any proceedings before the Tribunal, the Tribunal may, if it considers it would be in the interests of the minor to do so,—

  3. at any time appoint to represent the minor a person who is willing to do so and who is not disqualified by section 93(7), and authorise that person to control the conduct of the minor's case; or
    1. when approving a representative under section 93(5) or at any time thereafter, authorise that representative to control the conduct of the minor's case.

      1. In any proceedings before the Tribunal, any manager or person appointed to administer another's affairs under the Protection of Personal and Property Rights Act 1988 shall, subject to that Act, control the conduct of the case of the person whose affairs they manage or administer.

      2. A person who is empowered by or under this section to control the conduct of the case of another person may do all such things in the proceedings as the person so empowered could do if that person were a party to the proceedings in place of that other person.

      3. Nothing in this section shall restrict the application of sections 103 to 110 of the Contract and Commercial Law Act 2017 to—

      4. a settlement agreed to by or on behalf of a minor; or
        1. a payment made or proposed to be made by, or on behalf of, or to, or for the benefit of, a minor,—
            1. after proceedings have been commenced before the Tribunal.

          1. In this section proceedings before the Tribunal means—

          2. proceedings before the Tribunal or on appeal from the Tribunal; and
            1. a settlement agreed to in the course of any proceedings before the Tribunal or on appeal from the Tribunal; and
              1. proceedings under section 108 for enforcement of a work order of the Tribunal;—
                  1. and also includes any order made in any such proceedings.

                Notes
                • Section 94(3): replaced, on , by section 38 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                • Section 94(5): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).