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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

94: Minors and persons under disability

You could also call this:

"What happens if you're under 18 and have a case at the Tribunal"

Illustration for Residential Tenancies Act 1986

You can be part of a case at the Tribunal even if you are under 18. You will be bound by the Tribunal's decisions as if you were an adult. The Tribunal can appoint someone to represent you if it thinks that would be best for you. If you are under 18, the Tribunal can choose someone to represent you and make decisions for you. This person must be willing to represent you and not be disqualified under section 93(7). They can control your case and make decisions for you. If someone is managing your affairs under the Protection of Personal and Property Rights Act 1988, they will control your case at the Tribunal. They can do everything that you could do if you were representing yourself. Someone representing you can do all the things you would do if you were at the Tribunal yourself. This section does not change how sections 103 to 110 of the Contract and Commercial Law Act 2017 apply to you if you are under 18. In this section, "proceedings before the Tribunal" includes going to the Tribunal, appealing a decision, and making a settlement. It also includes getting a work order enforced and any orders made during these proceedings.

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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.

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Part 3The 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).