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:

"How to make someone follow a Tribunal order that isn't about taking back a house or doing work"

Illustration for Residential Tenancies Act 1986

If you get an order from the Tribunal that is not about taking back a house or doing work, it is like an order from the District Court. You can enforce this order in the same way as a District Court order. The Tribunal's order can be enforced if you follow the right steps. If you want to enforce an order that says someone must pay money, you must ask the District Court for help. The court will tell the person who must pay the money that you are trying to enforce the order. You must do this if the order is about paying money instead of doing work or following another type of order, as stated in section 78. If the person who must pay the money does not object within 10 working days, you can enforce the order. The person can only object if they think they have already done what the order says. If they do object on time, the matter will go back to the Tribunal to be decided, as stated in section 108(2). If you are trying to enforce an order and you need to pay a fee, the chief executive may lend you the money. You will not have to pay back the loan yourself, it will be taken from the other person as a debt to the government.

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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.

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Part 3The 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).