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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

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

You could also call this:

“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.”

When the Tenancy Tribunal makes an order that isn’t about possession or work, it’s treated like an order from the District Court. This means you can enforce it in the same way as a court order.

If you want to enforce an order that requires someone to pay money instead of doing work or following a non-money order, you need to apply to the District Court. The court will then tell the other person in writing that you’ve applied to enforce the order.

The other person has 10 working days to object to the enforcement. If they don’t object within this time, the order can be enforced.

The only reason the other person can object is if they believe they’ve already fully followed the Tribunal’s order. If they object, the court will ask the Tribunal to look at the case again.

If you need to pay a fee to enforce an order, the government might pay it for you at first. If this happens, the other person will have to pay the government back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95930.

Topics:
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106: Enforcement of possession orders, or

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“ Rules for making sure work orders are followed and what happens if they're not ”

Part 3 The Tenancy Tribunal
Enforcement and offences

107Enforcement of orders other than possession orders and work orders

  1. Every order made by the Tribunal other than a possession order or a work order shall be deemed to be an order of the District Court, and, subject to this section, may be enforced accordingly.

  2. Where application is made to the District Court for the issue of any process to enforce an order provided for by subsection (2) or subsection (2A) of section 78 (requiring a party to pay money to another as an alternative to compliance with a work order or an order other than a monetary order), the Registrar shall give written notice of the application to the party against whom enforcement is sought.

  3. If that party does not file in the court, within 10 working days after receiving notice of the application, a notice of objection, the order may, after the expiry of that period, be enforced pursuant to subsection (1).

  4. The notice referred to in subsection (3) may be given only on the ground that it is the belief of the party giving it that the order of the Tribunal has been fully complied with and that the party therefore disputes the entitlement of the applicant to enforce it.

  5. If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, the Registrar shall refer the matter to the Tribunal to be heard and determined under section 108(2).

  6. The chief executive may advance to any person who seeks to enforce an order pursuant to subsection (1) the amount of any filing fee payable by that person; and, where the chief executive does make any such advance, the amount of the advance shall be recoverable from the other party as a debt due to the Crown.

Notes
  • Section 107(2): replaced, on , by section 42 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
  • Section 107(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 107(3): amended, on , by section 69 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
  • Section 107(6): replaced, on , by section 8 of the Residential Tenancies Amendment Act 1992 (1992 No 79).