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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

106: Enforcement of possession orders

You could also call this:

“This law explains how the court can make someone leave a house if they're not supposed to be there.”

When you get a possession order, it works like a special document that helps you get your property back. You need to take this order to the District Court office near you. Once you give it to them, it becomes just as powerful as a warrant that the court usually uses to help people get their land back.

If you file the possession order with the District Court, they will treat it in a special way. Usually, a District Court Judge would handle these kinds of things. But in this case, a Tenancy Adjudicator (someone who helps solve problems between landlords and tenants) will take care of it instead. This is because of a rule in the District Court Act 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95929.

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107: Enforcement of orders other than possession orders and work orders, or

“This explains how the court can make people follow the rules when they don't do what they're told, except for rules about moving out or fixing things.”

Part 3 The Tenancy Tribunal
Enforcement and offences

106Enforcement of possession orders

  1. Every possession order shall, on being filed in the appropriate office of the District Court, have effect as if it were a warrant for the recovery of land issued by the Registrar of the court under the District Court Act 2016.

  2. Where any such order is filed in the District Court, section 138(1) of the District Court Act 2016 applies as if the reference to a District Court Judge were a reference to a Tenancy Adjudicator.

Notes
  • Section 106(1): amended, on , by section 263(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 106(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 106(2): amended, on , by section 263(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
  • Section 106(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).