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Digest No. 1667

Disputes Tribunals Amendment Bill 2009

Date of Introduction: 24 March 2009
Portfolio: Justice
Select Committee: As at 24 march, 1st Reading not held.
Published: 24 March 2009Prepared by John McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 471-9626 (Ext. 9626)F: (04) 471-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of this Bill is to amend the Disputes Tribunals Act 1988 (the Act) to increase the maximum claim levels of the Disputes Tribunal from $7,500 or $12,000 (with the consent of all the parties) to $15,000 or $20,,000 (with the consent of all the parties).

Background

Disputes Tribunals

Disputes Tribunals are established by the decision of the responsible Minister as divisions of particular District Courts. The jurisdiction of a Disputes Tribunal is exercised by referees who are appointed under warrants by the Governor-General for terms of three years and they may be reappointed. In performing their statutory duties referees have the same status as Justices of the Peace acting in their criminal jurisdiction. The proceedings of Tribunals are judicial proceedings and referees, parties, representatives, and witnesses in the proceedings of a Tribunal have the appropriate privileges and immunities. Tribunal proceedings are held in private but any persons who have a genuine and proper interest may be allowed to be present. In general, Tribunal decisions are enforced as District Court decisions.

The need for the Bill

"The increase to the maximum claim levels will enable an increased number of New Zealanders to resolve their civil disputes in a simple, cheap, fast, and less formal forum. The Tribunal will continue to operate on its current basis, balancing the required protections for parties against the need to provide simple, cheap, and fast access to justice" [1]   .

Main Provisions

Maximum amounts of claims increased

The Bill increases the maximum amounts of claims from $7,500 or $12,000 (with the consent of all the parties) to $15,000 or $20,,000 (with the consent of all the parties) (Part 1, Clauses 4-7, amending Sections 10, 13(2), 14 and 19 of the Disputes Tribunals Act 1988).

Consequential amendments

The Bill makes consequential amendments to the Consumer Guarantees Act 1993, the Credit Contracts and Consumer Finance Act 2003, the Fair Trading Act 1986, the Fencing Act 1978, the Minors' Contracts Act 1969 and the Retirement Villages Act 2003 (Part 2, Clause 8 and Schedule to the Bill).

Copyright: © NZ Parliamentary Library, 2009
Except for educational purposes permitted under the Copyright Act 1994, no part of this document may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, other than by Members of Parliament in the course of their official duties, without the consent of the Parliamentary Librarian, Parliament Buildings, Wellington, New Zealand.This document may also be available through commercial online services and may be viewed and reproduced in accordance with the conditions applicable to those services.

  1. Disputes Tribunals Amendment Bill, 2009 No ??-1, Explanatory note, General policy statement, p. 2.   [back]