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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

112: Contempt

You could also call this:

“You can get in trouble if you're rude or don't listen to the Tenancy Tribunal during a meeting.”

If you do something disrespectful or disruptive during a Tenancy Tribunal hearing, you might be breaking the law. You could be fined up to $2,000 if you:

Insult or get in the way of a Tenancy Adjudicator, witness, or Tribunal officer during a hearing or when they’re going to or from a hearing.

Insult or obstruct anyone else who’s at the hearing.

Interrupt or misbehave during the hearing.

Don’t follow an order or direction from the Tribunal during the hearing, unless it’s an order mentioned in section 78, 78A, or 108(2).

The Tenancy Adjudicator can make you leave the hearing if they think you’re doing any of these things, even if you haven’t been charged. The Registrar, their staff, or a police officer can make you leave.

If you’re part of the case and you’re made to leave, the hearing can still go on without you there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95945.

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Part 3 The Tenancy Tribunal
Enforcement and offences

112Contempt

  1. Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who—

  2. wilfully insults, or obstructs a Tenancy Adjudicator, or any witness or any officer of the Tribunal during a sitting of the Tribunal or while a Tenancy Adjudicator, a witness, or an officer of the Tribunal is going to, or returning from, a sitting of the Tribunal; or
    1. wilfully insults, or obstructs any person in attendance at a sitting of the Tribunal; or
      1. wilfully interrupts, or otherwise misbehaves at, a sitting of a Tribunal; or
        1. wilfully and without lawful excuse disobeys any order or direction of the Tribunal (other than an order mentioned in section 78, 78A, or 108(2)) in the course of any hearing of any proceedings.

          1. A Tenancy Adjudicator may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tenancy Adjudicator, constitutes an offence against subsection (1), whether or not such person is charged with the offence; and any Registrar, or other officer under a Registrar's control, or constable may take such steps as are reasonably necessary to enforce such exclusion.

          2. Notwithstanding anything in section 93, where any party to the proceedings is removed under this section the proceedings may be continued in the absence of that party.

          Compare
            Notes
            • Section 112: replaced, on , by section 44 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
            • Section 112(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 112(1): amended, on , by section 74 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 112(1)(a): amended, on , by section 265(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 112(1)(b): amended, on , by section 265(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 112(1)(d): amended, on , by section 21 of the Residential Tenancies Amendment Act 2019 (2019 No 37).