Tribunals Powers and Procedures Legislation Act 2018
Public Act  2018 No 51
Date of assent  13 November 2018
Commencement  see section 2
Contents
Page
1 Title 17
2 Commencement 17
Part 1
Amendments to Acts
Subpart 1—Amendment to Accident Compensation Act 2001
3 Principal Act 18
4 Section 328 amended (Regulations relating to reviews and appeals) 18
Subpart 2—Amendments to Copyright Act 1994
5 Principal Act 18
6 Section 122J amended (Application to Tribunal) 18
7 Section 122K amended (Notice of proceedings) 18
8 Section 206 amended (Membership of Tribunal) 18
9 Section 207 amended (Term of office of members of Tribunal) 18
10 Section 209 replaced (Deputies of members) 19
209 Appointment of temporary acting chairperson or
members19
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Justice.Reprint
as at 29 October 2019
111 New section 209A inserted (Delegation by chairperson of
Tribunal)19
209A Delegation by chairperson of Tribunal 19
12 New section 211A inserted (Orderly and efficient operation) 20
211A Orderly and efficient operation 20
13 Section 213 amended (Sittings of Tribunal) 20
14 Section 214 amended (Procedure of Tribunal) 21
15 New section 214A inserted (Tribunal may strike out, determine, or
adjourn proceeding)21
214A Tribunal may strike out, determine, or adjourn proceeding 21
16 Section 217 amended (Service of summons) 21
17 Section 219 amended (Privileges and immunities) 21
18 Section 221 amended (Contempt of Tribunal) 21
19 New section 224A and cross-heading inserted 22
Practice notes, procedural information, and publication
of decisions
224A Practice notes 22
20 New sections 224B and 224C inserted 22
224B Online publication of information about procedures, time
frames, and progress of decisions22
224C Online publication of final written decisions 22
21 Section 234 amended (Regulations) 23
Subpart 3—Amendments to Customs and Excise Act 2018
22 Principal Act 23
23 New Part 2 of Schedule 1 inserted 23
24 Schedule 8 amended 23
30A Practice notes 26
30B Online publication of information about procedures, time
frames, and progress of decisions26
Subpart 4—Amendments to Disputes Tribunal Act 1988
25 Principal Act 26
26 Section 2 amended (Interpretation) 26
27 New section 2A inserted (Transitional, savings, and related
provisions)27
2A Transitional, savings, and related provisions 27
28 New section 4B inserted (Registry of Disputes Tribunal) 27
4B Registry of Disputes Tribunal 27
29 Section 6 replaced (Rostering and training of Referees) 28
6 Sittings of Tribunal and rostering and training of Referees 28
30 Section 6A amended (Appointment of Principal Disputes Referee) 28
31 Section 6C amended (Functions and powers of Principal Disputes
Referee)28Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
232 New section 6D inserted (Delegation by Principal Disputes
Referee)29
6D Delegation by Principal Disputes Referee 29
33 Section 7 amended (Appointment of Referees) 29
34 Section 8 amended (Selection of candidates for appointment or
reappointment as Referees)30
35 Section 10 amended (Jurisdiction of Tribunals) 30
36 Section 12 repealed (Recovery of consequential loss) 30
37 Section 13 repealed (Extension of jurisdiction by agreement
between the parties)30
38 Section 14 amended (Abandonment to bring claim within
jurisdiction)30
39 Section 18 amended (Functions of Tribunal) 30
40 Section 19 amended (Orders of Tribunal) 30
41 Section 20 amended (Power of Tribunal to award interest) 31
42 New section 20A inserted (Suppression orders) 31
20A Suppression orders 31
43 Section 21 replaced (Reasons for decisions) 31
21 Reasons for decisions 31
44 Section 24 amended (Lodging of claims) 32
45 Section 25 amended (Notice of claim and of hearing) 32
46 Section 28 amended (Claims for relief where applicant insured) 32
47 Section 29 amended (Insurer may waive notice of proceedings) 32
48 Section 31 amended (Applicant to control conduct of case where
insurer a party)32
49 Section 38 amended (Right to appear at hearings) 32
50 New section 42A inserted (Use of electronic facilities to hear
matters)33
42A Use of electronic facilities to hear matters 33
51 Section 44 amended (Procedure where no provision made) 33
52 Section 45 amended (Enforcement of orders except work orders) 33
53 Section 46 amended (Enforcement of work orders) 33
54 Section 47 amended (Enforcement of agreed settlements) 34
55 Section 48 repealed (No filing fee payable) 34
56 Section 49 amended (Rehearings) 34
57 Section 50 amended (Appeals) 34
58 Section 53 amended (Powers of District Court Judge on appeal) 34
59 Section 56 amended (Contempt of Tribunal) 34
60 New section 56A inserted (Online publication of information about
procedures, time frames, and progress of decisions)34
56A Online publication of information about procedures, time
frames, and progress of decisions34
61 Section 57 amended (Publication of orders) 35
62 New Schedule 1AA inserted 35Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
363 Consequential amendments to principal Act 35
Subpart 5—Amendments to Education Act 1989
64 Principal Act 35
65 Section 302 amended (Interpretation) 35
66 Section 304 replaced (Student Allowance Appeal Authority) 35
304 Student Allowance Appeal Authorities 35
304A Other provisions relating to Student Allowance Appeal
Authorities36
304B Appointment of temporary acting Authority 36
304C Orderly and efficient operation 37
67 Section 305 amended (Appeals) 37
68 Section 306 amended (Procedures to be prescribed) 37
69 New section 306AA inserted (Practice notes) 38
306AA Practice notes 38
70 New sections 306AB and 306AC inserted 38
306AB Online publication of information about procedures, time
frames, and progress of decisions38
306AC Online publication of written decisions 38
Subpart 6—Amendments to Health Act 1956
71 Principal Act 39
72 Section 54 amended (Restrictions on carrying on offensive trade) 39
73 Section 55 replaced (Appeal against decision of local authority or
medical officer of health)39
55 Appeal against decision refusing consent for offensive
trade or refusing registration of premises for offensive
trade39
74 Section 59 replaced (Appeal against decision of local authority or
medical officer of health)39
59 Appeal against decision refusing consent for stock
saleyard or refusing registration of premises for stock
saleyard39
75 Section 124 repealed (Constitution and powers of boards of
appeal)40
Subpart 7—Amendments to Human Rights Act 1993
76 Principal Act 40
77 Section 92BA amended (Lodging of applications) 40
78 Section 92D amended (Tribunal may refer complaint back to
Commission, or adjourn proceedings to seek resolution by
settlement)40
79 Section 95 amended (Power to make interim order) 40
80 Section 98 amended (Membership of Tribunal) 40
81 Section 99 replaced (Chairpersons of Tribunal) 40
99 Chairperson of Tribunal 41Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
499AA Deputy Chairpersons of Tribunal 41
82 Section 99A amended (Criteria and requirement for appointment
of Chairpersons)41
83 Section 100 amended (Appointment and term of office) 41
84 Section 101 amended (Panel) 42
85 New sections 101A to 101C inserted 42
101A Functions, duties, and powers of Deputy Chairpersons 42
101B Delegation by Chairperson of Tribunal 42
101C References to Chairpersons include deputies and
delegates and temporary acting Chairperson43
86 Section 102 replaced (Deputy Chairperson) 43
102 Appointment of temporary acting Chairperson 43
87 Section 103 amended (Vacation of office by Chairperson and
Deputy Chairperson)44
88 New sections 103A and 103B inserted 44
103A Orderly and efficient operation 44
103B Powers of Chairperson to direct constitution of Tribunal 44
89 Section 104 amended (Sittings of Tribunal) 44
90 Section 109 amended (Witness summons) 45
91 Section 110 amended (Service of summons) 45
92 Section 114 amended (Power to commit for contempt) 45
93 New section 115A inserted (Tribunal may strike out, determine, or
adjourn proceedings)46
115A Tribunal may strike out, determine, or adjourn
proceedings46
94 New section 121A inserted (Practice notes) 46
121A Practice notes 46
95 New sections 121B and 121C inserted 46
121B Online publication of information about procedures, time
frames, and progress of decisions46
121C Online publication of final written decisions 47
96 Section 123 amended (Appeals to High Court) 47
97 Section 124 amended (Appeal to Court of Appeal on a question of
law)47
98 Schedule 1AA amended 47
Subpart 8—Amendments to Immigration Act 2009
99 Principal Act 48
100 Section 219 amended (Membership of Tribunal) 48
101 New section 219A inserted (Appointment of temporary acting
chair or member of Tribunal)48
219A Appointment of temporary acting chair or member of
Tribunal48
102 Section 220 amended (Role of chair of Tribunal) 48Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
5103 New section 224A inserted (Tribunal may strike out, determine, or
adjourn appeal)48
224A Tribunal may strike out, determine, or adjourn appeal 49
104 Section 353 amended (Offences in relation to Tribunal) 49
105 Section 355 amended (Penalties: general) 49
106 Schedule 2 amended 49
Subpart 9—Amendments to Immigration Advisers Licensing Act
2007
107 Principal Act 50
108 New section 41A inserted (Orderly and efficient operation) 50
41A Orderly and efficient operation 51
109 New section 41B inserted (Delegation by chair of Tribunal) 51
41B Delegation by chair of Tribunal 51
110 Section 49 amended (Proceedings before Tribunal) 51
111 New section 50A inserted (Suppression orders) 51
50A Suppression orders 51
112 New sections 70A to 70C inserted 52
70A Offence of breaching suppression order 52
70B Offence to fail to comply with summons 52
70C Contempt of Tribunal 52
113 Section 93 amended (Service of notices) 53
114 Schedule amended 53
Subpart 10—Amendments to Lawyers and Conveyancers Act 2006
115 Principal Act 55
116 Section 179 amended (Notification of practitioner or former
practitioner, partner, employer, or director)56
117 Section 182 amended (Application of money in satisfaction of
expenses)56
118 New section 192A inserted (Orderly and efficient operation) 56
192A Orderly and efficient operation 56
119 Section 198 amended (Applications for review) 56
120 Section 205 replaced (Power to decline to make further inquiry or
investigation)56
205 Legal Complaints Review Officer may strike out,
determine, or adjourn application for review57
121 Section 206 amended (Proceedings of Legal Complaints Review
Officer)57
122 New section 206A inserted (Suppression orders) 58
206A Suppression orders 58
123 Section 215 amended (Enforcement of orders for costs or
expenses)58
124 New section 215A and cross-heading inserted 59Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
6Practice notes, procedural information, and publication
of decisions
215A Practice notes 59
125 New section 215B inserted (Online publication of information
about procedures, time frames, and progress of decisions)59
215B Online publication of information about procedures, time
frames, and progress of decisions59
126 New section 233A inserted (Appointment of temporary acting
member)59
233A Appointment of temporary acting member 59
127 New section 238A inserted (Hearing on papers) 60
238A Hearing on papers 60
128 New sections 239A and 239B inserted 60
239A Online publication of information about procedures, time
frames, and progress of decisions60
239B Online publication of final written decisions 60
129 New section 240A inserted (Disciplinary Tribunal may strike out,
determine, or adjourn proceeding)61
240A Disciplinary Tribunal may strike out, determine, or
adjourn proceeding61
130 New section 249A inserted (Practice notes) 61
249A Practice notes 61
131 Section 251 amended (Contempt of Disciplinary Tribunal) 62
132 Section 258 amended (Enforcement of orders of Disciplinary
Tribunal)62
133 New section 262A inserted (Offence of breaching suppression
order)62
262A Offence of breaching suppression order 62
134 Schedule 3 amended 62
135 Schedule 4 amended 63
Subpart 11—Amendments to Legal Services Act 2011
136 Principal Act 64
137 Section 53 amended (Application for review) 64
138 New sections 55A and 55B inserted 64
55A Procedure 64
55B Tribunal may strike out application for review 64
139 New section 57A inserted (Suppression orders) 65
57A Suppression orders 65
140 New section 57B inserted (Online publication of information about
procedures, time frames, and progress of decisions)65
57B Online publication of information about procedures, time
frames, and progress of decisions65
141 Section 58 amended (Chairperson may direct publication of
Tribunal decisions)65Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
7142 Section 65 amended (Chairperson of Tribunal) 65
143 New section 66A inserted (Appointment of temporary acting
chairperson or member)65
66A Appointment of temporary acting chairperson or member 65
144 New section 85A inserted (Review Authority may strike out
review)66
85A Review Authority may strike out review 66
145 New section 86A inserted (Suppression orders) 66
86A Suppression orders 66
146 Section 87A amended (Deputy Review Authority) 66
147 New section 87C inserted (Appointment of temporary acting
Review Authority or Deputy Review Authority)66
87C Appointment of temporary acting Review Authority or
Deputy Review Authority67
148 New section 87D and cross-heading inserted 67
Practice notes, procedural information, and publication
of decisions
87D Practice notes 67
149 New sections 87E and 87F inserted 67
87E Online publication of information about procedures, time
frames, and progress of decisions67
87F Online publication of final written decisions 68
150 New section 112A inserted (Offence of breaching suppression
order)68
112A Offence of breaching suppression order 68
151 Section 115 amended (Service of notices, etc) 68
152 Schedule 3 amended 69
26 Orderly and efficient operation 70
Subpart 12—Amendments to Maritime Transport Act 1994
153 Principal Act 70
154 Section 52 amended (Suspension from work) 70
155 Section 82 and cross-heading repealed 70
156 New section 82A inserted (Maritime Appeal Authority
disestablished)70
82A Maritime Appeal Authority disestablished 70
157 Section 191 amended (Maritime levies) 70
158 Section 207 amended (Abolition of Marine Council and Marine
Advisory Committee, etc)71
159 Section 425 amended (Procedure) 71
160 Section 426 amended (Decision of Director or harbourmaster to
continue in force pending appeal)71
161 Section 445 amended (Regulations for fees and charges) 71
162 Schedule 2 repealed 71Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
8Subpart 13—Amendments to Motor Vehicle Sales Act 2003
163 Principal Act 71
164 Section 84 amended (Term of office of adjudicators) 71
165 New section 85A inserted (Appointment of temporary acting
adjudicator)72
85A Appointment of temporary acting adjudicator 72
166 Section 88 amended (Panel of persons who may be appointed as
assessors)72
167 Section 89 amended (Jurisdiction of Disputes Tribunal) 72
168 Section 94 amended (Decisions to be publicly available) 72
169 New sections 110A and 110B and cross-heading inserted 73
Offences relating to Disputes Tribunals
110A Offence in relation to suppression orders 73
110B Contempt of Tribunal 73
170 New section 116A inserted (Penalties for offences relating to
Disputes Tribunals)73
116A Penalties for offences relating to Disputes Tribunals 73
171 Schedule 1 amended 73
9D Summons to witness 75
Subpart 14—Amendments to Prisoners’ and Victims’ Claims Act
2005
172 Principal Act 77
173 Section 27 amended (Service of notices) 78
174 Section 43 amended (Contravention of orders or directions under
section 41)78
175 Section 45 amended (Other aspects of procedure) 78
176 New section 58A inserted (Orderly and efficient operation) 78
58A Orderly and efficient operation 78
177 New section 60A inserted (Practice notes) 78
60A Practice notes 78
178 New section 60B inserted (Online publication of information about
procedures, time frames, and progress of decisions)78
60B Online publication of information about procedures, time
frames, and progress of decisions78
Subpart 15—Amendments to Private Security Personnel and
Private Investigators Act 2010
179 Principal Act 79
180 Section 4 amended (Interpretation) 79
181 Section 24 amended (Application for licence: individual applicant) 79
182 Section 25 amended (Application for licence: company applicant) 80
183 Section 27 amended (Notice of application for licence) 80Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
9184 Section 28 amended (Objections by Police to application for
licence)80
185 Section 29 amended (Objections by other persons) 80
186 Section 31 amended (Application determined by oral hearing) 80
187 Section 34 amended (Issue of licence) 81
188 Section 40 amended (Persons not to act as officers of licensed
company without consent of Licensing Authority)81
189 Section 41 amended (Amendment of licence) 81
190 Section 43 amended (Annual return updating licence and
certificate of improvement)81
191 Section 46 amended (Application for certificate of approval) 81
192 Section 48 amended (Notice of application for certificate of
approval)81
193 Section 49 amended (Objections by Police to application for
certificate of approval)81
194 Section 51 amended (Application determined by oral hearing) 82
195 Section 54 amended (Issue of certificate of approval) 82
196 Section 58 amended (Amendment of certificate of approval) 82
197 Section 62 amended (Grounds of disqualification for individual
applicant)82
198 Section 73 amended (Complaint against licensee) 82
199 Section 74 amended (Complaint against certificate holder) 82
200 Section 75 amended (Licensing Authority may refer matter to
Police or to Complaints, Investigation, and Prosecution Unit)83
201 Section 76 amended (Suspension of licence or certificate of
approval pending determination of complaint)83
202 Section 77 amended (Hearing) 83
203 New sections 77A to 77C inserted 83
77A Procedure 83
77B Suppression orders 84
77C Contempt of Licensing Authority 84
204 Section 78 amended (Disciplinary powers of Licensing Authority
in respect of licensee)84
205 Section 79 amended (Mandatory grounds for cancellation of
licence)85
206 Section 80 amended (Discretionary grounds for cancellation of
licence)85
207 Section 81 amended (Disciplinary powers of Licensing Authority
in respect of holder of certificate of approval)85
208 Section 82 amended (Mandatory grounds for cancellation of
certificate of approval)86
209 Section 83 amended (Discretionary grounds for cancellation of
certificate)86Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
10210 Section 85 amended (Cancelled and suspended licences and
certificates of approval must be returned to Licensing Authority)86
211 Section 87 amended (Private Security Personnel Licensing
Authority)86
212 New section 88A inserted (Orderly and efficient operation) 86
88A Orderly and efficient operation 86
213 Section 89 amended (Qualifications of Licensing Authority) 87
214 Section 90 amended (Term of office of Licensing Authority) 87
215 Section 91 amended (Deputy Private Security Personnel Licensing
Authority)87
216 Section 92 amended (Remuneration, and status under certain Acts) 88
217 Section 93 amended (Licensing Authority to be Commission of
Inquiry for certain purposes)88
218 New section 96A inserted (Practice notes) 88
96A Practice notes 89
219 New sections 96B and 96C inserted 89
96B Online publication of information about procedures, time
frames, and progress of decisions89
96C Online publication of final written decisions 89
220 Section 97 amended (Registers) 90
221 Section 98 amended (Inspection of registers) 90
222 Section 102 amended (Appeals to District Court) 90
223 Section 111 replaced (Lost licences and certificates of approval) 90
111 Lost licences and certificates of approval 90
224 Section 112 amended (V oluntary surrender of licence or certificate
of approval)90
225 Section 114 amended (Regulations) 90
226 New section 114A inserted (Chief executive may approve forms) 90
114A Chief executive may approve forms 90
227 Section 117 replaced (Photographs) 91
117 Photographs 91
228 Consequential amendments to principal Act 91
Subpart 16—Amendments to Real Estate Agents Act 2008
229 Principal Act 91
230 Section 24 amended (Payment of fees, levies, and fines) 91
231 Section 74 amended (Complaints about licensees) 91
232 Section 79 amended (Procedure on receipt of complaint) 92
233 Section 93 amended (Power of Committee to make orders) 92
234 Section 100 amended (Real Estate Agents Disciplinary Tribunal
established)92
235 Section 101 amended (Constitution of Tribunal for hearings) 92
236 Section 102 amended (Functions of Tribunal) 92
237 Section 105 amended (Proceeding before Tribunal) 92
238 Section 107 amended (Hearings to be in public) 93Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
11239 New section 107A inserted (Hearing on papers) 93
107A Hearing on papers 93
240 Section 108 amended (Restrictions on publication) 93
241 Section 109 amended (Evidence) 93
242 New section 109A inserted (Disciplinary Tribunal may strike out,
determine, or adjourn proceeding)93
109A Disciplinary Tribunal may strike out, determine, or
adjourn proceeding93
243 Section 110 amended (Determination of charges and orders that
may be made if charge proved)94
244 New section 110A inserted (Costs) 94
110A Costs 95
245 Section 111 amended (Appeal to Tribunal against determination by
Committee)95
246 Section 112 amended (Application to Tribunal to review
determination by Registrar)95
247 New section 115A inserted (Practice notes) 96
115A Practice notes 96
248 New section 115B inserted (Online publication of information
about procedures, time frames, and progress of decisions)96
115B Online publication of information about procedures, time
frames, and progress of decisions96
249 New section 116A inserted (Time for appeal to High Court) 96
116A Time for appeal to High Court 96
250 New section 120A inserted (Time for appeal to Court of Appeal) 96
120A Time for appeal to Court of Appeal 96
251 New sections 153A and 153B and cross-heading inserted 97
Offences relating to witness summonses and contempt of
Tribunal
153A Offence to fail to comply with summons 97
153B Contempt of Tribunal 97
252 Section 154 amended (Service of notice and documents) 98
253 Section 156 amended (Regulations) 98
254 Schedule 1 amended 98
Subpart 17—Amendments to Residential Tenancies Act 1986
255 Principal Act 100
256 New section 67A inserted (Appointment of temporary acting
Principal Tenancy Adjudicator, Deputy Principal Tenancy
Adjudicator, or Tenancy Adjudicator)100
67A Appointment of temporary acting Principal Tenancy
Adjudicator, Deputy Principal Tenancy Adjudicator, or
Tenancy Adjudicator100
257 Section 68 amended (Term of office of Tenancy Adjudicators) 101Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
12258 New section 71A inserted (Delegation by Principal Tenancy
Adjudicator)101
71A Delegation by Principal Tenancy Adjudicator 101
259 Section 88 amended (Functions of Tenancy Mediators) 102
260 New section 92A inserted (Tribunal may strike out proceeding) 102
92A Tribunal may strike out proceeding 102
261 Section 96 amended (Further provisions relating to procedure
generally)102
262 Section 98 amended (Witness summons) 102
263 Section 106 amended (Enforcement of possession orders) 103
264 New section 111A inserted (Offence of breaching suppression
order)103
111A Offence of breaching suppression order 103
265 Section 112 amended (Contempt) 103
266 New sections 115A and 115B inserted 103
115A Online publication of information about procedures, time
frames, and progress of decisions103
115B Online publication of final written decisions 103
Subpart 18—Amendments to Sale and Supply of Alcohol Act 2012
267 Principal Act 104
268 New sections 179A and 179B inserted 104
179A Appointment of temporary acting chairperson, deputy
chairperson, or member104
179B Orderly and efficient operation 105
269 Section 181 amended (Term of office of members) 105
270 Section 202 amended (Procedure) 105
271 New section 211A inserted (Contempt of licensing authority) 105
211A Contempt of licensing authority 105
272 Section 280 amended (Variation, suspension, or cancellation of
licences other than special licences)106
273 Section 285 amended (Suspension or cancellation of manager’s
certificates)106
Subpart 19—Amendments to Secondhand Dealers and
Pawnbrokers Act 2004
274 Principal Act 106
275 Section 4 amended (Interpretation) 106
276 Section 8 amended (Application for licence) 107
277 Section 10 amended (Issue of licence: company applicant) 107
278 Section 15 amended (Expiry and renewal of licences) 107
279 Section 16 amended (Cancellation of licences) 107
280 Section 17 amended (Updating licence information) 108
281 Section 21 amended (Application for certificate) 108
282 Section 23 amended (Waiver of disqualification) 108Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
13283 Section 26 amended (What happens if Police object to applicant) 109
284 Section 30 amended (Expiry and renewal of certificates) 109
285 Section 31 amended (Cancellation and suspension of certificates) 109
286 Section 34 amended (Appeals against decision of Licensing
Authority)109
287 Section 39 amended (Obligation to report and hold stolen goods) 109
288 Section 42 amended (Dealers record) 110
289 Section 44 amended (Storage of dealers record) 110
290 Section 47 amended (Articles to be kept for 14 days) 110
291 Section 70 amended (Appointment of Licensing Authority) 110
292 Section 71 amended (Deputy Licensing Authorities) 111
293 Section 72 amended (Remuneration, and status under certain Acts) 112
294 New sections 74A and 74B inserted 112
74A Orderly and efficient operation 112
74B Contempt of Licensing Authority 112
295 Section 75 replaced (Administrative support for Licensing
Authority)113
75 Administrative support for Licensing Authorities 113
296 New sections 76A to 76C inserted 113
76A Procedure 113
76B Hearing on papers 113
76C Suppression orders 113
297 Section 77 replaced (Annual report) 113
77 Annual report 114
298 New section 77A inserted (Practice notes) 114
77A Practice notes 114
299 New sections 77B and 77C inserted 114
77B Online publication of information about procedures, time
frames, and progress of decisions114
77C Online publication of final written decisions 114
300 Section 78 replaced (Public registers of licence holders and of
certificate holders)115
78 Public registers of licence holders and certificate holders 115
301 Section 81 amended (Public access to public registers) 115
302 Section 82 amended (Police access to other information held by
Licensing Authority)115
303 Section 84 amended (Regulations) 115
304 Consequential amendments to principal Act 116
Subpart 20—Amendments to Social Security Act 2018
305 Principal Act 116
306 Section 400 amended (Appeal must be begun within 3 months of
notification or further allowed period)116
307 Section 403 amended (How to begin, and procedure and powers
for, appeal to authority)116Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
14308 Section 406 amended (Appeal must be begun, and case stated
lodged, within time prescribed or allowed)116
309 Schedule 8 amended 116
5 Appointment of temporary acting chairperson, deputy
chairperson, or member117
5A Orderly and efficient operation 118
10A Hearing on papers 118
10B Use of electronic facilities to hear matters 118
10C Authority may strike out, determine, or adjourn appeal 118
10D Practice notes 119
10E Online publication of information about procedures, time
frames, and progress of decisions119
13 Contempt of authority 119
Subpart 21—Amendments to Taxation Review Authorities Act
1994
310 Principal Act 120
311 New section 4A inserted (Transitional, savings, and related
provisions)120
4A Transitional, savings, and related provisions 120
312 New section 5A inserted (Appointment of temporary acting
Authority)120
5A Appointment of temporary acting Authority 120
313 Section 6 amended (Term of office of an Authority) 120
314 New section 13AB inserted (Orderly and efficient operation) 121
13AB Orderly and efficient operation 121
315 Section 16 amended (Hearing of proceedings) 121
316 New sections 20A and 20B inserted 121
20A Hearing on papers 121
20B Use of electronic facilities to hear matters 121
317 New section 21A inserted (Authority may strike out, determine, or
adjourn proceeding)122
21A Authority may strike out, determine, or adjourn
proceeding122
318 Section 22 amended (Power to order costs in certain cases) 122
319 Section 25 amended (Decision of an Authority) 122
320 New sections 25A and 25A inserted 122
25A Contempt of Authority 122
25B Practice notes 123
321 New section 25C inserted (Online publication of information about
procedures, time frames, and progress of decisions)123
25C Online publication of information about procedures, time
frames, and progress of decisions123
322 New Schedule inserted 123Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018
15Subpart 22—Amendments to Weathertight Homes Resolution
Services Act 2006
323 Principal Act 123
324 Section 27 amended (How addition under section 26(1) or (2)
effected)123
325 Section 62 amended (How to initiate adjudication) 124
326 New section 103A inserted (Appointment of temporary acting
chair or member)124
103A Appointment of temporary acting chair or member 124
327 New section 106A inserted (Orderly and efficient operation) 124
106A Orderly and efficient operation 124
328 Section 107 amended (Chair may delegate duties) 124
329 New section 109AA inserted (Procedure) 125
109AA Procedure 125
330 New section 109A inserted (Tribunal may strike out, determine, or
adjourn proceeding)125
109A Tribunal may strike out, determine, or adjourn proceeding 125
331 Section 114 amended (Practice directions) 125
332 New sections 114A and 114B inserted 125
114A Online publication of information about procedures, time
frames, and progress of decisions125
114B Online publication of final written decisions 126
333 Section 115 amended (Offences) 126
334 New section 115A inserted (Offence of breaching suppression
order)126
115A Offence of breaching suppression order 126
335 Section 116 amended (Person in contempt of tribunal may be
excluded from proceedings)126
336 Section 117 amended (Service of notices) 126
337 Schedule 3 amended 127
Part 2
Repeal, revocation, and amendment of enactments
338 Repeal of Birdlings Flat Land Titles Act 1993 128
339 Amendment to Residential Tenancies Rules 2010 128
340 Revocation and amendment of enactments 128
Schedule 1
New Part 2 of Schedule 1 of Customs and Excise Act 2018129
Schedule 2
New Schedule 1AA inserted into Disputes Tribunal Act 1988130
Schedule 3
Consequential amendments to Disputes Tribunal Act 1988131Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
16Schedule 4
New Part 2 of Schedule 1AA of Human Rights Act 1993132
Schedule 5
Schedule inserted into Taxation Review Authorities Act 1994133
Schedule 6
Consequential amendments to Private Security Personnel and
Private Investigators Act 2010134
Schedule 7
Consequential amendments to Secondhand Dealers and
Pawnbrokers Act 2004139
Schedule 8
Revocation and amendment of enactments142
The Parliament of New Zealand enacts as follows:
 
1 Title
This Act is the Tribunals Powers and Procedures Legislation Act 2018.
2 Commencement
(1) Sections 6, 7, 11, 20, 24(7), (12), and (18) , 27, 32, 33(1), 35 to 39 , 40(2) to (5) ,
41, 44, 45, 47, 52 to 55, 56, 57, 62, 70, 77, 89(6) , 95, 106(2) and (6) , 109,
114(5) and (11), 119, 121(5) , 125, 128, 135(4) , 138, 140, 149, 152(6) , 171(2),
(4), (9), and (13) , 178, 181(1), 182(1), 183(1), 187(2), 188, 191(1), 195(2), 197
to 199, 204(2) , 206, 207(2) , 208, 209(2) , 219, 233(2) , 243, 248, 254(6) , 258,
262, 266, 272, 273, 276(1) and (4), 277, 279 to 283 , 288, 289, 299, 307(2),
309(10), 321, 324, 325, 328, 332, 337(4), 340(1) , 340(2), and 340(3)  come into
force on a date appointed by the Governor-General by Order in Council, and 1
or more orders may be made bringing different provisions into force on differ-
ent dates for different purposes.
(2) Any provision specified in subsection (1) that has not earlier been brought into
force comes into force on 1 July 2020.
(3) Sections 305, 306, 307(1) , 308, and 309(1) to (9), (11), and (12) come into
force on 26 November 2018.
(4) The rest of this Act comes into force on the day after the date on which this Act
receives the Royal assent.
Section 2(1): sections 181(1), 182(1), 183(1), 187(2), 188, 191(1), 195(2), and 340(1) brought into
force , on 1 May 2019, by clause 2 of the Tribunals Powers and Procedures Legislation Act Com-
mencement Order 2019 (LI 2019/59).
Section 2(1): sections 6, 7, 11, 20, 24(7), (12), and (18), 27, 32, 33(1), 35 to 39, 40(2) to (5), 41, 44,
45, 47, 52 to 55, 56, 57, 62, 70, 77, 89(6), 95, 106(2) and (6), 109, 114(5) and (11), 119, 121(5), 125,
128, 135(4), 138, 140, 149, 152(6), 171(2), (4), (9), and (13), 178, 197 to 199, 204(2), 206, 207(2),
208, 209(2), 219, 233(2), 243, 248, 254(6), 258, 262, 266, 272, 273, 276(1) and (4), 277, 279 to 283,Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 s 2
17288, 289, 299, 307(2), 309(10), 321, 324, 325, 328, 332, 337(4), 340(2), and 340(3) brought into
force, on 29 October 2019, by clause 2 of the Tribunals Powers and Procedures Legislation Act Com-
mencement Order (No 2) 2019 (LI 2019/224).
Part 1
Amendments to Acts
Subpart 1—Amendment to Accident Compensation Act 2001
3 Principal Act
This subpart amends the Accident Compensation Act 2001 (the principal Act ).
4 Section 328 amended (Regulations relating to reviews and appeals)
After section 328(c), insert:
(ca) prescribing a fee that must accompany a notice of appeal:
Subpart 2—Amendments to Copyright Act 1994
5 Principal Act
This subpart amends the Copyright Act 1994 (the principal Act ).
6 Section 122J amended (Application to Tribunal)
In section 122J(2) , replace “the prescribed form ” with “ a form approved by the
chief executive of the Ministry of Justice after consultation with the chair-
person of the Tribunal,”.
7 Section 122K amended (Notice of proceedings)
In section 122K(1), replace “the prescribed form ” with “a form approved by
the chief executive of the Ministry of Justice after consultation with the chair-
person of the Tribunal”.
8 Section 206 amended (Membership of Tribunal)
(1) In section 206(1), delete “, but not more than 5,”.
(2) After section 206(4), insert:
(5) For the purposes of this Part, except for the reference in subsection (3), a refer-
ence to a member  or members  includes the chairperson.
9 Section 207 amended (Term of office of members of Tribunal)
Replace section 207(3) with:
(3) A member of the Tribunal continues in office despite the expiry of his or her
term of office until —
(a) the member is reappointed; or
(b) the member’s successor is appointed; orPart 1 s 3 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
18(c) the member is notified that a replacement member will not be appointed;
or
(d) the member vacates or is removed from office.
(3A) A member who continues in office for any period under subsection (3), unless
he or she was removed from office, may act as a member during that period for
the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(3B) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
10 Section 209 replaced (Deputies of members)
Replace section 209 with:
209 Appointment of temporary acting chairperson or members
(1) If the chairperson or a member of the Tribunal becomes incapable of acting by
reason of illness, absence, or other sufficient cause, or if the chairperson or a
member considers it is not proper or not desirable that he or she should adjudi-
cate on a specified matter, the Governor-General, on the recommendation of
the Minister, made, in the case of an acting chairperson, after consultation with
the Minister of Justice, may appoint a suitable person as the acting chairperson
or an acting member for the period or purpose stated in the appointment.
(2) No person may be appointed as the acting chairperson or an acting member
unless he or she is eligible for appointment to the relevant position.
(3) The acting chairperson or acting member is, while acting in the position, to be
treated as the chairperson or a member of the Tribunal.
(4) No appointment of an acting chairperson or acting member, no act done by an
acting chairperson or acting member, and no act done by the Tribunal may be
questioned in any proceedings on the ground that the occasion for the appoint-
ment had not arisen or had ceased.
11 New section 209A inserted (Delegation by chairperson of Tribunal)
After section 209, insert:
209A Delegation by chairperson of Tribunal
(1) The chairperson of the Tribunal may delegate any of the chairperson’s func-
tions, duties, and powers to a member of the Tribunal who holds the qualifica-
tions set out in section 206(2)(b) and the chairperson is satisfied has the neces-
sary capability, skills, and experience to perform or exercise those functions,
duties, and powers.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 11
19(2) A delegation —
(a) must be in writing; and
(b) must be to a named person; and
(c) is revocable at any time, in writing; and
(d) does not prevent the performance or exercise of a function, duty, or
power by the chairperson.
(3) A person to whom any functions, duties, or powers are delegated may perform
or exercise them in the same manner and with the same effect as if they had
been conferred directly by this Act and not by delegation.
(4) A person who appears to act under a delegation is presumed to be acting in
accordance with its terms in the absence of evidence to the contrary.
(5) A person to whom any functions, duties, or powers are delegated must be paid
remuneration and expenses (if any) determined in accordance with section 210
for work undertaken in that capacity.
12 New section 211A inserted (Orderly and efficient operation)
After section 211, insert:
211A Orderly and efficient operation
(1) The chairperson of the Tribunal is responsible for making such arrangements as
are practicable to ensure that he or she and each member performs his or her
functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(2) The Ministry of Justice must provide the resources and administrative support
necessary to enable the Tribunal to perform its functions.
13 Section 213 amended (Sittings of Tribunal)
(1) Replace the heading to section 213 with “ Hearing ”.
(2) After section 213(7), insert:
(8) Despite anything in this Act to the contrary and except as provided in section
122L, the Tribunal may determine a proceeding on the papers if the Tribunal
considers it appropriate.
(9) Before doing so, the Tribunal must give the parties a reasonable opportunity to
comment on whether the proceeding should be dealt with in that manner.
(10) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the chairperson or the Tribunal
considers it appropriate and the necessary facilities are available.Part 1 s 12 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
2014 Section 214 amended (Procedure of Tribunal)
(1) After section 214(3), insert:
(3A) If the members are equally divided in opinion, the decision of the chairperson
is the decision of the Tribunal.
(2) Replace section 214(5) with:
(5) The Tribunal may regulate its procedures as it sees fit, subject to this Act, any
regulations made under it, and any practice notes issued under section 224A.
15 New section 214A inserted (Tribunal may strike out, determine, or
adjourn proceeding)
After section 214, insert:
214A Tribunal may strike out, determine, or adjourn proceeding
(1) The Tribunal may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, the
Tribunal may, —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
16 Section 217 amended (Service of summons)
Replace section 217(1)(a) with:
(a) by delivering the summons personally to the person summoned, or if he
or she refuses to accept it, by bringing it to his or her attention; or
17 Section 219 amended (Privileges and immunities)
After section 219(2), insert:
(3) The Tribunal, the chairperson, and the members are not personally liable for
any act done or omitted to be done by the Tribunal, the chairperson, or any
member in good faith in the performance or exercise, or intended performance
or exercise, of their functions, duties, or powers under this Act.
18 Section 221 amended (Contempt of Tribunal)
(1) In section 221(1)(a), replace “assaults, threatens, or intimidates, or intention-
ally insults, the Tribunal or any member of it or any special adviser to or officerReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 18
21of the Tribunal, ” with “ threatens, intimidates, or intentionally insults the Tribu-
nal or any member of it, a special adviser to the Tribunal, a witness before the
Tribunal, or an officer of the Tribunal”.
(2) In section 221(2), after “constable”, insert “or any officer of the Tribunal”.
19 New section 224A and cross-heading inserted
After section 224, insert:
Practice notes, procedural information, and publication of decisions
224A Practice notes
(1) The chairperson of the Tribunal may issue practice notes for any type of pro-
ceedings dealt with by the Tribunal as he or she thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of other members of the Tribunal, offi-
cers of the Tribunal, and parties before the Tribunal.
20 New sections 224B and 224C inserted
After section 224A, insert:
224B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Tribunal and how to commence a
proceeding:
(b) any requirements that must be met for a proceeding:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
224C Online publication of final written decisions
(1) Every final written decision of the Tribunal must be published on an Internet
site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 213(5).
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:Part 1 s 19 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
22(c) taking into account the presumption in subsection (1) in favour of publi-
cation, the Tribunal nevertheless determines that the decision or any part
of it should not be published because publication or the effect of publica-
tion would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in the Tribunal
and is either of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers.
21 Section 234 amended (Regulations)
After section 234(q), insert:
(qa) prescribing fees in relation to licensing scheme disputes before the Tri-
bunal:
Subpart 3—Amendments to Customs and Excise Act 2018
22 Principal Act
This subpart amends the Customs and Excise Act 2018 (the principal Act ).
23 New Part 2 of Schedule 1 inserted
Insert the Part 2 of Schedule 1 set out in Schedule 1 of this Act.
24 Schedule 8 amended
(1) In Schedule 8, clause 1(1), replace “, not exceeding 7 years, ” with “of up to 5
years”.
(2) In Schedule 8, replace clause 1(3), with:
(3) An Authority continues in office despite the expiry of his or her term of office
until—
(a) the Authority is reappointed; or
(b) the Authority’s successor is appointed; or
(c) the Authority is notified that a replacement Authority will not be appoin-
ted; or
(d) the Authority vacates or is suspended or removed from office.
(4) An Authority who continues in office for any period under subclause (3),
unless he or she was suspended or removed from office, may act as an Author-
ity during that period for the purpose of —
(a) completing any appeal partly or wholly heard by the Authority before
the expiry of his or her term of office:
(b) hearing any other appeal.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 24
23(5) An Authority who has resigned, or whose successor is appointed or who will
not be replaced (unless he or she was suspended or removed from office), may
continue in office for the purpose of completing any appeal that is partly or
wholly heard.
(3) In Schedule 8, replace clause 5 with:
5 Appointment of temporary acting Authority
(1) If an Authority becomes incapable of acting by reason of illness, absence, or
other sufficient cause, or if an Authority considers it is not proper or not desira-
ble that he or she should adjudicate on a specified matter, the Governor-
General, on the joint recommendation of the Minister and the Minister of Just-
ice, may appoint a suitable person as an acting Authority for the period or pur-
pose stated in the appointment.
(2) No person may be appointed as an acting Authority unless he or she is eligible
for appointment as an Authority.
(3) An acting Authority is, while acting in the position, to be treated as an Author-
ity.
(4) No appointment of an acting Authority and no act done by an acting Authority
may be questioned in any proceedings on the ground that the occasion for the
appointment had not arisen or had ceased.
(4) In Schedule 8, repeal clause 6.
(5) In Schedule 8, after clause 9, insert:
9A Orderly and efficient operation
(1) An Authority is responsible for making any arrangements that are practicable
to ensure that he or she performs his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(2) The Ministry of Justice must provide the resources and administrative support
necessary to enable each Authority to perform its functions.
(6) In Schedule 8, replace clause 10 with:
10 Procedure
(1) An Authority may regulate his or her procedures as he or she sees fit, subject
to—
(a) this Act and any regulations; and
(b) any practice notes issued under clause 30A.
(2) Regulations may prescribe any procedure to be followed by an Authority.Part 1 s 24 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
24(7) In Schedule 8, clause 11, replace “the prescribed way, ” with “a form approved
by the chief executive of the Ministry of Justice after consulting all the Author-
ities,”.
(8) In Schedule 8, after clause 18(1), insert:
(1A) The hearing of an appeal or any part of it may be conducted by telephone,
audiovisual link, or other remote access facility if an Authority considers it
appropriate and the necessary facilities are available.
(9) In Schedule 8, repeal clause 18(2).
(10) In Schedule 8, after clause 18(5), insert:
(6) A person who breaches an order made under clause 18(5) is liable on convic-
tion to a fine not exceeding $3,000.
(11) In Schedule 8, clause 23, insert as subclause (2):
(2) The power to issue a witness summons may be exercised by an Authority or
any officer of an Authority purporting to act by the direction or with the author-
ity of that Authority.
(12) In Schedule 8, clause 23, insert as subclause (3):
(3) A witness summons must be in a form approved by the chief executive of the
Ministry of Justice after consulting all the Authorities.
(13) In Schedule 8, replace clause 24(1) with:
(1) A witness summons may be served by —
(a) delivering the summons personally to the witness or, if he or she refuses
to accept it, bringing it to his or her attention; or
(b) delivering the summons to the witness at his or her usual place of resi-
dence or business by any form of prepaid delivery service that requires
an acknowledgement of receipt of delivery from the witness.
(14) In Schedule 8, clause 24(3), replace “fourth day” with “fourth working day”.
(15) In Schedule 8, after clause 27(2), insert:
(3) If costs are awarded to a party or the Crown but have not been paid in full, the
party or the Crown may file a copy of the order in the District Court, where it
may be enforced for the amount that is still owing as if it were a judgment of
the District Court.
(16) In Schedule 8, after clause 28, insert:
28A Authority may strike out, determine, or adjourn proceeding
(1) An Authority may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; orReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 24
25(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, an
Authority may —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
(17) In Schedule 8, after clause 30, insert:
30A Practice notes
(1) All the Authorities acting together may issue practice notes, to apply to all of
them, as they think fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of each Authority, officers of an
Authority, and parties before an Authority.
(18) In Schedule 8, after clause 30A, insert:
30B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Authorities and how to commence
an appeal:
(b) any requirements that must be met for an appeal:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
Subpart 4—Amendments to Disputes Tribunal Act 1988
25 Principal Act
This subpart amends the Disputes Tribunal Act 1988 (the principal Act ).
26 Section 2 amended (Interpretation)
(1) In section 2, insert in their appropriate alphabetical order:
authenticated , in relation to an acknowledgement under section 28 or section
29, means —
(a) that the acknowledgement is signed and dated; or
(b) if the acknowledgement is in electronic form, that it, by the use of any
electronic means, adequately identifies the person responsible for its
content and the date of authentication
chief executive  means the chief executive of the Ministry of JusticePart 1 s 25 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
26lodge , except for the purposes of sections 50 and 51, in relation to a document,
means to lodge or file the document in, or to send it by post or electronically to,
any office of the Disputes Tribunal together with the filing fee (if any) that is
payable, and lodges , lodging , and lodged  have corresponding meanings
writing , except for the purposes of sections 6A, 6B, 6D, 7, and 40, includes
writing in an electronic form, and written record  has a corresponding mean-
ing.
(2) In section 2, definition of work order , replace “specified in the order. ” with
“specified in the order”.
(3) In section 2, definition of claim , paragraph (a), replace “13” with “11”.
(4) In section 2, repeal the definition of no claims bonus .
(5) In section 2, replace the definition of Registrar  with:
Registrar  means —
(a) the person appointed under section 4B(1) as the Disputes Tribunal
Registrar; or
(b) a Registrar or Deputy Registrar of the District Court performing func-
tions under this Act
(6) In section 2, definition of work order , replace “as may be specified in the
order.” with “as may be specified in the order”.
27 New section 2A inserted (Transitional, savings, and related provisions)
After section 2, insert:
2A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have
effect according to their terms.
28 New section 4B inserted (Registry of Disputes Tribunal)
After section 4A, insert:
4B Registry of Disputes Tribunal
(1) The chief executive may establish a Registry for the Disputes Tribunal and may
appoint a person to be the Disputes Tribunal Registrar.
(2) The office of Disputes Tribunal Registrar may be held in conjunction with any
other office in the public service.
(3) The functions of the Disputes Tribunal Registrar are —
(a) to ensure the orderly and efficient administration of the Registry; and
(b) to give directions or advice, as appropriate, to Registry staff to enhance
the consistency of the Registry’s performance.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 28
27(4) The Ministry of Justice must provide the resources and administrative support
necessary to enable the Disputes Tribunal to perform its functions.
29 Section 6 replaced (Rostering and training of Referees)
Replace section 6 with:
6 Sittings of Tribunal and rostering and training of Referees
(1) A Registrar must schedule the days, times, and places for the regular sittings of
the Tribunal and, when doing so, must implement any directions given under
subsection (2).
(2) The Principal Disputes Referee is responsible for the rostering and training of
Referees and may give any directions he or she considers necessary for these
purposes. Before giving any direction, the Principal Disputes Referee must
consult the Chief District Court Judge.
(3) If for any reason the office of Principal Disputes Referee is vacant, or if for any
reason the Principal Disputes Referee is unable to perform his or her functions
under subsection (2), the Chief District Court Judge must —
(a) assess and fulfil the training needs of Referees; and
(b) roster Referees.
30 Section 6A amended (Appointment of Principal Disputes Referee)
(1) In section 6A(4), replace “5 years ” with “up to 5 years and, subject to subsec-
tion (2), may from time to time be reappointed”.
(2) In section 6A(6)(b), replace “the chief executive of the Ministry of Justice ”
with “the chief executive”.
31 Section 6C amended (Functions and powers of Principal Disputes Referee)
(1) Replace section 6C(1)(a) with:
(a) to undertake appropriate measures to ensure that the integrity of the
office of Referee under this Act is maintained:
(ab) to make any arrangements that are practicable to ensure that the Princi-
pal Disputes Referee and each Referee perform their functions —
(i) in an orderly and efficient manner; and
(ii) in a way that achieves the purposes of this Act:
(2) After section 6C(1)(h), insert:
(ha) to issue practice notes as he or she thinks fit, but that are not inconsistent
with this Act or any regulations made under it; for the guidance of other
Disputes Tribunal Referees, officers of the Tribunal, and parties before
the Tribunal:Part 1 s 29 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
2832 New section 6D inserted (Delegation by Principal Disputes Referee)
After section 6C, insert:
6D Delegation by Principal Disputes Referee
(1) The Principal Disputes Referee may delegate any of his or her functions,
duties, and powers to a Referee who holds the qualifications set out in section
6A(2) and who the Principal Disputes Referee is satisfied has the necessary
capability, skills, experience, and personal attributes to perform or exercise
those functions, duties, and powers.
(2) A delegation —
(a) must be in writing; and
(b) must be to a named person; and
(c) is revocable at any time, in writing; and
(d) does not prevent the performance or exercise of a function, duty, or
power by the Principal Disputes Referee.
(3) A person to whom any functions, duties, or powers are delegated may perform
or exercise them in the same manner and with the same effect as if they had
been conferred directly by this Act and not by delegation.
(4) A person who appears to act under a delegation is presumed to be acting in
accordance with its terms in the absence of evidence to the contrary.
(5) A person to whom any functions, duties, or powers are delegated must be paid
remuneration and expenses (if any) determined in accordance with section 8A
for work undertaken in that capacity.
33 Section 7 amended (Appointment of Referees)
(1) Replace section 7(2) with:
(2) A person is qualified to be appointed as a Referee only if that person —
(a) holds a relevant qualification (for example, a qualification in law, medi-
ation, or arbitration) or has had relevant training; and
(b) has the personal attributes, knowledge, and experience so as to be cap-
able of performing the functions of a Referee; and
(c) has been recommended for appointment under section 8.
(2) In section 7(6)(b), replace “the chief executive of the responsible department ”
with “the chief executive”.
(3) After section 7(6), insert:
(7) A Referee who continues in office for any period under subsection (6), unless
he or she was removed from office, may act as a Referee during that period for
the purpose of —
(a) completing any proceedings partly or wholly heard by the Referee
before the expiry of his or her term of office:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 33
29(b) hearing any other proceedings.
(8) A Referee who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
34 Section 8 amended (Selection of candidates for appointment or
reappointment as Referees)
(1) In section 8, replace “the chief executive of the responsible department ” with
“the chief executive” in each place.
(2) In section 8(2)(a), replace “a Registrar ” with “the Disputes Tribunal Registrar
or a Registrar of the District Court”.
(3) Replace section 8(2)(b) with:
(b) the Principal Disputes Referee or a Referee nominated by him or her;
and
35 Section 10 amended (Jurisdiction of Tribunals)
(1) In section 10(1), replace “sections 11 and 12” with “section 11”.
(2) Replace section 10(1A)(b) with:
(b) the total amount sought in the proceedings does not exceed $30,000.
(3) In section 10(3),—
(a) replace “Subject to section 13, for the purposes of subsection (1), ” with
“For the purposes of subsection (1),”:
(b) replace “$15,000” with “$30,000”.
36 Section 12 repealed (Recovery of consequential loss)
Repeal section 12.
37 Section 13 repealed (Extension of jurisdiction by agreement between the
parties)
Repeal section 13.
38 Section 14 amended (Abandonment to bring claim within jurisdiction)
In section 14, replace “$15,000” with “$30,000”.
39 Section 18 amended (Functions of Tribunal)
In section 18(4), replace “the Tribunal shall not be bound by the monetary
restrictions provided for by subsections (4) to (7) of section 19 ” with “the Tri-
bunal is not bound by the monetary restrictions in section 19(4) to (6)”.
40 Section 19 amended (Orders of Tribunal)
(1) After section 19(1)(g), insert:Part 1 s 34 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
30(h) the Tribunal may strike out, in whole or in part, a proceeding if satisfied
that it —
(i) discloses no reasonable cause of action; or
(ii) is likely to cause prejudice or delay; or
(iii) is frivolous or vexatious; or
(iv) is otherwise an abuse of process:
(i) if a party is neither present nor represented at the hearing of a proceed-
ing, the Tribunal may, —
(i) if the party is required to be present, strike out the proceeding; or
(ii) determine the proceeding in the absence of the party; or
(iii) adjourn the hearing.
(2) In section 19(5),—
(a) replace “Subject to subsection (7), the monetary restrictions that apply ”
with “The monetary restrictions that apply”:
(b) replace “$15,000” with “$30,000” in each place.
(3) In section 19(6), delete “and subject to subsection (7),”.
(4) In section 19(6), replace “$15,000” with “$30,000”.
(5) Repeal section 19(7).
41 Section 20 amended (Power of Tribunal to award interest)
In section 20(4), replace “, section 13(2), and subsections (4) to (7) of section
19” with “and section 19(4) to (6)”.
42 New section 20A inserted (Suppression orders)
After section 20, insert:
20A Suppression orders
(1) The Tribunal may order that any part of any evidence given or the name of any
witness not be published.
(2) An order may be made subject to any conditions that the Tribunal considers
appropriate.
(3) A person who breaches an order made under this section is liable on conviction
to a fine not exceeding $3,000.
43 Section 21 replaced (Reasons for decisions)
Replace section 21 with:
21 Reasons for decisions
(1) A Referee must give reasons for his or her final decision in every proceeding.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 43
31(2) If a final decision is given orally at the end of a hearing, that decision must be
recorded in writing and the reasons for that decision must be included in the
written decision.
(3) The Tribunal must provide a copy of a final decision, including the written
record of an oral decision, to the parties.
(4) In this section, final decision  means a decision that determines, or substantially
determines, the outcome of any proceeding.
44 Section 24 amended (Lodging of claims)
Replace section 24(1) and (2) with:
(1) Proceedings are commenced by the applicant lodging a claim in a form
approved by the chief executive after consultation with the Principal Disputes
Referee, together with the prescribed fee (if any), with any office of the Tribu-
nal.
(2) The Tribunal or a Registrar may, subject to subsections (3) and (4), order that
the hearing be held at the place nearest, or at any place near, to where the appli-
cant resides or carries on business.
45 Section 25 amended (Notice of claim and of hearing)
(1) In section 25(1)(a) and (b), replace “the prescribed form ” with “a form
approved by the chief executive after consultation with the Principal Disputes
Referee”.
(2) In section 25(2), replace “direct the Registrar” with “direct a Registrar”.
46 Section 28 amended (Claims for relief where applicant insured)
In section 28(5)(c), after “an acknowledgement signed ”, insert “or authentica-
ted”.
47 Section 29 amended (Insurer may waive notice of proceedings)
Replace section 29(2) with:
(2) Every acknowledgement lodged under subsection (1) must be in a form
approved by the chief executive after consultation with the Principal Disputes
Referee, and must be signed or authenticated by both the applicant and the
applicant’s insurer.
48 Section 31 amended (Applicant to control conduct of case where insurer a
party)
Replace the heading to section 31 with “ Applicant entitled to control conduct
of case ”.
49 Section 38 amended (Right to appear at hearings)
(1) In section 38(2), replace “subsection (3)” with “subsections (3) and (3A)”.Part 1 s 44 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
32(2) In section 38(3)(b), replace “or holds a majority interest in it ” with “or holds
directly or indirectly, at least a 50% interest in it”.
(3) After section 38(3), insert:
(3A) If an insurer is a party, it may, subject to subsection (3B), be represented by any
agent who —
(a) has been engaged by the insurer solely or principally as an underwriter
or to administer insurance claims; and
(b) is authorised for the purpose by the insurer; and
(c) is approved by the Tribunal.
(3B) For the purposes of subsection (3A), if the agent approved by the Tribunal is
not an individual (for example a body corporate), an employee, officer, or
member of the agent may carry out the duties of the agent under that subsec-
tion, but only if the individual concerned is also approved by the Tribunal.
(4) In section 38(7)(b), replace “subsection (2) or subsection (3) ” with “subsec-
tions (2), (3), or (3A)”.
(5) In section 38(7)(d), replace “subsection (3)” with “subsection (3) or (3A)”.
(6) In section 38(7)(e), replace “subsection (3)” with “subsection (3) or (3A)”.
(7) In section 38(8), replace “subsection (2) or subsection (3) or subsection (5) of
this section” with “subsection (2), (3), (3A), or (5)”.
50 New section 42A inserted (Use of electronic facilities to hear matters)
After section 42, insert:
42A Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the Referee conducting the hearing
of the matter, considers it appropriate and the necessary facilities are available.
51 Section 44 amended (Procedure where no provision made)
In section 44, after “any rules made under this Act ”, insert “and any practice
notes issued under section 6C(1)(ha)”.
52 Section 45 amended (Enforcement of orders except work orders)
In section 45(3), replace “the prescribed form ” with “a form approved by the
chief executive after consultation with the Principal Disputes Referee”.
53 Section 46 amended (Enforcement of work orders)
In section 46(1), replace “the prescribed form ” with “a form approved by the
chief executive after consultation with the Principal Disputes Referee”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 53
3354 Section 47 amended (Enforcement of agreed settlements)
In section 47(2), replace “the prescribed form ” with “a form approved by the
chief executive after consultation with the Principal Disputes Referee”.
55 Section 48 repealed (No filing fee payable)
Repeal section 48.
56 Section 49 amended (Rehearings)
(1) Replace section 49(1) with:
(1) The Tribunal may order the rehearing of a claim following an application by a
party, and may grant the application on any terms it thinks fit.
(1A) In any case, the Tribunal may order only 1 rehearing unless the Tribunal con-
siders that the interests of justice require more than 1 rehearing.
(2) After section 49(6), insert:
(7) On receipt of an application for a rehearing, the Tribunal may stay the imple-
mentation of the order, approval, or variation until the application is decided.
(3) In section 49, the compare note, replace “s 33” with “s 33; 1986 No 120
s 105(4), (5)”.
57 Section 50 amended (Appeals)
In section 50(3), replace “the prescribed form, in the District Court within 28
days”  with “a form approved by the chief executive after consultation with the
Principal Disputes Referee, in the District Court within 20 working days”.
58 Section 53 amended (Powers of District Court Judge on appeal)
After section 53(1)(b), insert:
(ba) vary the order, the approval, or the variation, as the case may be; or
59 Section 56 amended (Contempt of Tribunal)
In section 56(1)(a) and (b), replace “assaults, insults,” with “insults”.
60 New section 56A inserted (Online publication of information about
procedures, time frames, and progress of decisions)
After section 56, insert:
56A Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive:
(a) information about the purpose of the Tribunal and how to commence a
claim:
(b) any requirements that must be met for a claim:Part 1 s 54 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
34(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
61 Section 57 amended (Publication of orders)
In section 57, insert as subsection (2):
(2) Subsection (1) is subject to section 20A.
62 New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 2 of this Act as the first schedule
to appear after the last section of the principal Act.
63 Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 3.
Subpart 5—Amendments to Education Act 1989
64 Principal Act
This subpart amends the Education Act 1989 (the principal Act ).
65 Section 302 amended (Interpretation)
(1) In section 302, definition of Authority , replace “the Student Allowance
Appeal Authority established by section 304(1) ” with “a Student Allowance
Appeal Authority appointed under section 304(1)”.
(2) In section 302, repeal the definition of member .
66 Section 304 replaced (Student Allowance Appeal Authority)
Replace section 304 with:
304 Student Allowance Appeal Authorities
(1) The Minister may appoint 1 or more Student Allowance Appeal Authorities
and may give the Authorities distinctive designations and from time to time
change any designation.
(2) The function of an Authority is to hear appeals in accordance with section 305.
(3) An Authority comprises a person appointed by the Minister for a term of up to
5 years from the date of his or her appointment, and any person may be reap-
pointed.
(4) An Authority continues in office despite the expiry of his or her term of office
until—
(a) the Authority is reappointed; or
(b) the Authority’s successor is appointed; or
(c) the Authority is notified that a replacement Authority will not be appoin-
ted; orReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 66
35(d) the Authority vacates or is removed from office.
(5) An Authority who continues in office for any period under subsection (4),
unless he or she was removed from office, may act as an Authority during that
period for the purpose of —
(a) completing any appeal partly or wholly heard by the Authority before
the expiry of the person’s term of office:
(b) hearing any other appeal.
(6) An Authority who has resigned, or whose successor is appointed or who will
not be replaced (unless he or she was removed from office), may continue in
office for the purpose of completing any appeal that is partly or wholly heard.
304A Other provisions relating to Student Allowance Appeal Authorities
(1) Any person who is an Authority may, at any time, —
(a) be removed from office by the Minister by notice in the Gazette  for
inability to adequately perform the duties of office, bankruptcy, neglect
of duty, or misconduct, proved to the Minister’s satisfaction; and
(b) resign his or her office by written notice to the Minister.
(2) An Authority is a statutory Board within the meaning of the Fees and Travel-
ling Allowances Act 1951.
(3) A person is entitled to receive —
(a) remuneration by way of fees, salary, or allowances, for his or her ser-
vices as an Authority:
(b) payment of travelling allowances or expenses in respect of time spent
travelling, or in connection with the person’s function, as an Authority.
(4) An Authority is not personally liable for any act done or omitted to be done by
him or her in good faith in the performance or exercise, or intended perform-
ance or exercise, of his or her functions, duties, or powers under this Act.
304B Appointment of temporary acting Authority
(1) If an Authority becomes incapable of acting by reason of illness, absence, or
other sufficient cause, or if an Authority considers it is not proper or not desira-
ble that he or she should adjudicate on a specified matter, the Minister may
appoint a suitable person as an acting Authority for the period or purpose stated
in the appointment.
(2) No person may be appointed as an acting Authority unless he or she is eligible
for appointment as an Authority.
(3) An acting Authority is, while acting in the position, to be treated as an Author-
ity.Part 1 s 66 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
36(4) No appointment of an acting Authority and no act done by an acting Authority
may be questioned in any proceedings on the ground that the occasion for the
appointment had not arisen or had ceased.
304C Orderly and efficient operation
An Authority is responsible for making any arrangements that are practicable
to ensure that he or she performs his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
67 Section 305 amended (Appeals)
(1) In section 305(3), replace “the Authority” with “an Authority”.
(2) After section 305(3), insert:
(3A) An Authority may strike out, in whole or in part, an appeal if satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(3) In section 305(4), replace “the Authority” with “an Authority”.
(4) In section 305(5), replace “the Authority may” with “an Authority may”.
(5) After section 305(5), insert:
(6) An Authority may order that any part of the evidence given or the name of any
witness not be published.
(7) An order may be made subject to any conditions that the Tribunal considers
appropriate.
(8) A person who breaches an order made under subsection (6) is liable on convic-
tion to a fine not exceeding $3,000.
68 Section 306 amended (Procedures to be prescribed)
(1) In section 306(1)(a), replace “the Authority” with “an Authority”.
(2) In section 306(1)(b), replace “the Authority” with “an Authority”.
(3) Replace section 306(2) with:
(2) An Authority may regulate his or her procedures as he or she thinks fit, subject
to—
(a) this Act and any regulations made under it; and
(b) any practice notes issued under section 306AA.
(4) In section 306(3),—
(a) replace “the Authority” with “all the Authorities”:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 68
37(b) replace “it” with “them”:
(c) replace “its” with “their”.
69 New section 306AA inserted (Practice notes)
After section 306, insert:
306AA Practice notes
(1) All Authorities acting together may issue practice notes, to apply to all of them,
as they think fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of an Authority, officers of an Authority,
and parties before an Authority.
70 New sections 306AB and 306AC inserted
After section 306AA, insert:
306AB Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Authorities and how to commence
an appeal:
(b) any requirements that must be met for an appeal:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
306AC Online publication of written decisions
(1) Every written decision of an Authority must be published on an Internet site as
soon as practicable unless there is good reason not to publish it.
(2) A written decision may be published in part if there is good reason for not pub-
lishing the full decision.
(3) Subsections (1) and (2) are subject to section 305(6).
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, an Authority nevertheless determines that the decision or any part
of it should not be published because publication or the effect of publica-
tion would be contrary to the interests of justice.Part 1 s 69 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
38(5) In this section, written decision  means a written decision that determines, or
substantially determines, the outcome of proceedings in an Authority.
Subpart 6—Amendments to Health Act 1956
71 Principal Act
This subpart amends the Health Act 1956 (the principal Act ).
72 Section 54 amended (Restrictions on carrying on offensive trade)
In section 54(2), replace “the Board of Appeal” with “the District Court”.
73 Section 55 replaced (Appeal against decision of local authority or medical
officer of health)
Replace section 55 with:
55 Appeal against decision refusing consent for offensive trade or refusing
registration of premises for offensive trade
(1) This section applies if —
(a) consent to establish, or to erect or extend premises for, an offensive trade
under section 54(1) is refused by a local authority or the medical officer
of health; or
(b) a local authority refuses to register or renew the registration of premises
for an offensive trade under section 54(5).
(2) A person who is refused consent, or registration or renewal of registration, may
appeal to the District Court.
(3) If a local authority consents to the establishment of an offensive trade that will
be located within 8 kilometres of the boundary of the district of any other local
authority, that other local authority may appeal the decision to the District
Court.
(4) An appeal under this section must be brought within 3 months after the date on
which the person or the other local authority is notified of the decision.
74 Section 59 replaced (Appeal against decision of local authority or medical
officer of health)
Replace section 59 with:
59 Appeal against decision refusing consent for stock saleyard or refusing
registration of premises for stock saleyard
(1) This section applies if —
(a) consent to establish or extend a stock saleyard under section 58(1) is
refused by a local authority or the medical officer of health; orReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 74
39(b) registration or renewal of registration of premises for a stock saleyard
under section 58(3) is refused by a local authority.
(2) A person who is refused consent, or registration or renewal of registration, may
appeal to the District Court.
(3) An appeal under this section must be brought within 3 months after the date on
which the person is notified of the decision.
75 Section 124 repealed (Constitution and powers of boards of appeal)
Repeal section 124.
Subpart 7—Amendments to Human Rights Act 1993
76 Principal Act
This subpart amends the Human Rights Act 1993 (the principal Act ).
77 Section 92BA amended (Lodging of applications)
In section 92BA, replace “the prescribed form ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with the Chair-
person of the Tribunal”.
78 Section 92D amended (Tribunal may refer complaint back to Commission,
or adjourn proceedings to seek resolution by settlement)
(1) In the heading to section 92D, after “Tribunal ”, insert “or Chairperson or
Deputy Chairperson ”.
(2) In section 92D(1), after “Tribunal” , insert “or the Chairperson or a Deputy
Chairperson” in each place.
(3) In section 92D(2), after “Tribunal” , insert “or the Chairperson or a Deputy
Chairperson” in each place.
(4) In section 92D(3), after “Tribunal” , insert “or the Chairperson or a Deputy
Chairperson” in each place.
79 Section 95 amended (Power to make interim order)
In section 95(1), after “Chairperson”, insert “or a Deputy Chairperson”.
80 Section 98 amended (Membership of Tribunal)
Replace section 98(a) with:
(a) the Chairperson or a Deputy Chairperson or, if section 103B applies, the
Chairperson and a Deputy Chairperson; and
81 Section 99 replaced (Chairpersons of Tribunal)
Replace section 99 with:Part 1 s 75 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
4099 Chairperson of Tribunal
The Chairperson of the Tribunal must be appointed by the Governor-General,
on the recommendation of the Minister.
99AA Deputy Chairpersons of Tribunal
One or more Deputy Chairpersons of the Tribunal may be appointed by the
Governor-General, on the recommendation of the Minister.
82 Section 99A amended (Criteria and requirement for appointment of
Chairpersons)
(1) In the heading to section 99A, replace “Chairpersons ” with “Chairperson
and Deputy Chairperson ”.
(2) In section 99A(1), replace “a Chairperson ” with “the Chairperson or a Deputy
Chairperson”.
(3) In section 99A(1)(b) , replace “a Chairperson” with “ a Chairperson or a Deputy
Chairperson”.
(4) In section 99A(1)(c), replace “a Chairperson ” with “the Chairperson or a
Deputy Chairperson”.
(5) In section 99A(2), replace “a Chairperson ” with “the Chairperson or a Deputy
Chairperson”.
83 Section 100 amended (Appointment and term of office)
(1) In section 100(2), replace “a Chairperson ” with “the Chairperson or a Deputy
Chairperson”.
(2) In section 100(2), replace “that Chairperson ” with “the Chairperson or Deputy
Chairperson”.
(3) In section 100(3), replace “a Chairperson ” with “the Chairperson or a Deputy
Chairperson”.
(4) Replace section 100(4) with:
(4) Where the term for which the Chairperson or a Deputy Chairperson expires,
the Chairperson or that Deputy Chairperson, unless sooner vacating or
removed from office under section 103, continues to hold office, by virtue of
the appointment for the term that has expired until —
(a) the Chairperson or that Deputy Chairperson is reappointed; or
(b) a successor to the Chairperson or that Deputy Chairperson is appointed;
or
(c) in the case of a Deputy Chairperson, that Deputy Chairperson is
informed in writing by the Minister that the Deputy Chairperson is not to
be reappointed and that a successor to that Deputy Chairperson is not to
be appointed.
(5) After section 100(4), insert:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 83
41(5) The Chairperson or a Deputy Chairperson who continues in office for any
period under subsection (4) may act as the Chairperson or a Deputy Chair-
person during and after that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the Chairperson or the Deputy Chairperson ceased to hold office
under subsection (4):
(b) hearing any other proceedings commenced before the Chairperson or the
Deputy Chairperson ceased to hold office under subsection (4).
(6) The Chairperson or a Deputy Chairperson who has resigned, or whose succes-
sor is appointed or who will not be replaced (unless he or she was removed
from office), may continue in office for the purpose of completing any pro-
ceedings that are partly or wholly heard.
84 Section 101 amended (Panel)
(1) Replace section 101(1) with:
(1) The Minister must maintain a panel of any number of persons that may be
required to ensure —
(a) the efficient and expeditious exercise of the jurisdiction of the Tribunal
throughout New Zealand; and
(b) the performance of other functions under this Act or any other enactment
requiring the participation of members of the panel.
(1A) The Minister must specify a period of up to 5 years for which a person is
approved as a member of the panel.
(1B) The Minister may approve the inclusion of a person on the panel for further
periods of up to 5 years.
(2) In section 101(3)(c), after “a period of”, insert “up to”.
(3) Replace section 101(4) with:
(4) If subsection (3)(c) or (d) applies, or the period for which a person is approved
as a member of the panel expires, the person may continue in office for the pur-
pose of completing any proceedings that are partly or wholly heard.
85 New sections 101A to 101C inserted
After section 101, insert:
101A Functions, duties, and powers of Deputy Chairpersons
Subject to any directions issued by the Chairperson, a Deputy Chairperson of
the Tribunal has all the functions, duties, and powers of the Chairperson.
101B Delegation by Chairperson of Tribunal
(1) The Chairperson of the Tribunal may delegate any of the Chairperson’s func-
tions, duties, and powers to a member of the panel who —Part 1 s 84 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
42(a) the Chairperson is satisfied has the necessary capability, skills, and
experience to perform or exercise those functions, duties, and powers;
and
(b) satisfies the criteria set out in section 99A for appointment as the Chair-
person.
(2) A delegation —
(a) must be in writing; and
(b) must be to a named person; and
(c) is revocable at any time, in writing; and
(d) does not prevent the performance or exercise of a function, duty, or
power by the Chairperson.
(3) A person to whom any functions, duties, or powers are delegated may perform
or exercise them in the same manner and with the same effect as if they had
been conferred directly by this Act and not by delegation.
(4) A person who appears to act under a delegation is presumed to be acting in
accordance with its terms in the absence of evidence to the contrary.
(5) A person to whom any functions, duties, or powers are delegated must be paid
remuneration and expenses (if any) determined in accordance with section 119
for work undertaken in that capacity.
101C References to Chairpersons include deputies and delegates and temporary
acting Chairperson
Unless the context otherwise requires, a reference in this Act or regulations
made under this Act to the Chairperson includes —
(a) a Deputy Chairperson appointed under section 99AA; or
(b) a person to whom the functions, powers, and duties of the Chairperson
are delegated under section 101B; or
(c) a temporary acting Chairperson appointed under section 102.
86 Section 102 replaced (Deputy Chairperson)
Replace section 102 with:
102 Appointment of temporary acting Chairperson
(1) If the Chairperson of the Tribunal becomes incapable of acting by reason of ill-
ness, absence, or other sufficient cause, or if the Chairperson considers it is not
proper or not desirable that he or she should adjudicate on a specified matter,
the Governor-General, on the recommendation of the Minister, may appoint a
suitable person as the acting Chairperson for the period or purpose stated in the
appointment.
(2) No person may be appointed as the acting Chairperson unless he or she is eli-
gible for appointment as the Chairperson.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 86
43(3) The acting Chairperson is, while acting in the position, to be treated as the
Chairperson of the Tribunal.
(4) No appointment of the acting Chairperson, no act done by the acting Chair-
person, and no act done by the Tribunal may be questioned in any proceedings
on the ground that the occasion for the appointment had not arisen or had
ceased.
87 Section 103 amended (Vacation of office by Chairperson and Deputy
Chairperson)
(1) In the heading to section 103, after “ Chairperson ”, insert “ , temporary acting
Chairperson, ”.
(2) In section 103(1), (2), and (3), replace “A Chairperson ”, with “The Chair-
person, a temporary acting Chairperson,”.
88 New sections 103A and 103B inserted
After section 103, insert:
103A Orderly and efficient operation
The Chairperson of the Tribunal is responsible for making such arrangements
as are practicable to ensure that, in relation to the work of the Tribunal, the
Chairperson, each Deputy Chairperson and each member of the panel performs
their functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act or any other enactment.
103B Powers of Chairperson to direct constitution of Tribunal
(1) The Chairperson of the Tribunal may direct, for the purposes of any particular
proceedings, that the Tribunal be constituted by —
(a) the Chairperson; and
(b) a Deputy Chairperson; and
(c) two panel members.
(2) The Chairperson of the Tribunal may give a direction under subsection (1) if he
or she is satisfied that —
(a) the proceedings are unusually complex or difficult; or
(b) it is desirable for training purposes that the Tribunal be constituted in
this way.
89 Section 104 amended (Sittings of Tribunal)
(1) In section 104(1), replace “or Chairperson ” with “the Chairperson or a Deputy
Chairperson”.Part 1 s 87 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
44(2) In section 104(2), replace “a Chairperson ” with “the Chairperson or a Deputy
Chairperson”.
(3) In section 104(4) , replace “A Chairperson” with “ The Chairperson or a Deputy
Chairperson”.
(4) After section 104(4), insert:
(4A) Despite anything in this Act to the contrary, the Tribunal or the Chairperson or
a Deputy Chairperson may determine a proceeding on the papers if the Tribu-
nal or the Chairperson or a Deputy Chairperson considers it appropriate.
(4B) Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must
give the parties a reasonable opportunity to comment on whether the proceed-
ing should be dealt with in that manner.
(4C) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the Tribunal or the Chairperson or
a Deputy Chairperson considers it appropriate and the necessary facilities are
available.
(5) Replace section 104(5) with:
(5) The Tribunal may regulate its procedure as it thinks fit, subject to this Act and
any regulations made under it, and any practice notes issued under section
121A.
(6) After section 104(5), insert:
(6) Forms for use in the Tribunal may be approved by the chief executive of the
Ministry of Justice after consulting the Chairperson.
90 Section 109 amended (Witness summons)
In section 109(3), replace “a Chairperson ” with “the Chairperson or a Deputy
Chairperson” in each place.
91 Section 110 amended (Service of summons)
(1) Replace section 110(1) with:
(1) A witness summons may be served by —
(a) delivering the summons personally to the witness or, if he or she refuses
to accept it, bringing it to his or her attention; or
(b) delivering the summons to the witness at his or her usual place of resi-
dence by any form of prepaid delivery service that requires an acknow-
ledgement of receipt of delivery from the witness.
(2) In section 110(2)(b), replace “10 days” with “8 working days”.
(3) Repeal section 110(3).
92 Section 114 amended (Power to commit for contempt)
(1) In section 114(1)(a), delete “assaults,”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 92
45(2) In section 114(1), after “the Chairperson”, insert “or a Deputy Chairperson”.
93 New section 115A inserted (Tribunal may strike out, determine, or
adjourn proceedings)
After section 115, insert:
115A Tribunal may strike out, determine, or adjourn proceedings
(1) The Tribunal may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, the
Tribunal may, —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
94 New section 121A inserted (Practice notes)
After section 121, insert:
121A Practice notes
(1) The Chairperson of the Tribunal may issue practice notes as he or she considers
appropriate.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of the other members of the Tribunal,
officers of the Tribunal, and parties before the Tribunal.
95 New sections 121B and 121C inserted
After section 121A, insert:
121B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Tribunal and how to commence a
proceeding:
(b) any requirements that must be met for a proceeding:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.Part 1 s 93 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
46121C Online publication of final written decisions
(1) Every final written decision of the Tribunal must be published on an Internet
site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 107(3).
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, the Tribunal nevertheless determines that the decision or any part
of it should not be published because publication or the effect of publica-
tion would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in the Tribunal
and is either of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers.
96 Section 123 amended (Appeals to High Court)
(1) In section 123(1), after “the Chairperson”, insert “or a Deputy Chairperson”.
(2) In section 123(4), replace “30 days” with “22 working days”.
97 Section 124 amended (Appeal to Court of Appeal on a question of law)
(1) In section 124(2), replace “21 days” with “15 working days”.
(2) In section 124(3), replace “21 days” with “15 working days”.
98 Schedule 1AA amended
(1) In Schedule 1AA, replace the cross-heading above clause 1 with:
Part 1
Provision relating to Human Rights Amendment Act 2016
(2) In Schedule 1AA, after clause 1, insert the Part 2 set out in Schedule 4 of this
Act.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 98
47Subpart 8—Amendments to Immigration Act 2009
99 Principal Act
This subpart amends the Immigration Act 2009 (the principal Act ).
100 Section 219 amended (Membership of Tribunal)
In section 219(3), replace “members” with “other members”.
101 New section 219A inserted (Appointment of temporary acting chair or
member of Tribunal)
After section 219, insert:
219A Appointment of temporary acting chair or member of Tribunal
(1) If the chair or another member of the Tribunal becomes incapable of acting by
reason of illness, absence, or other sufficient cause, or if another member
appointed under section 219(1)(b) considers it is not proper or not desirable
that he or she should adjudicate on a specified matter, the Governor-General, —
(a) on the recommendation of the Attorney-General, after consultation with
the Minister of Justice and the Minister, may appoint a suitable person as
the acting chair for the period or purpose stated in the appointment:
(b) on the recommendation of the Minister of Justice, after consultation with
the Minister, may appoint a suitable person as an acting member for the
period or purpose stated in the appointment.
(2) No person may be appointed as an acting chair or acting member unless he or
she is eligible for appointment to the relevant position.
(3) An acting chair or other member, while acting in that position, is to be treated
as the chair or other member.
(4) No appointment of an acting chair or other member, no act done by an acting
chair or other member, and no act done by the Tribunal may be questioned in
any proceedings on the ground that the occasion for the appointment had not
arisen or had ceased.
102 Section 220 amended (Role of chair of Tribunal)
In section 220(2)(a), after “Tribunal” , insert “and for the guidance of other
members of the Tribunal, officers of the Tribunal, and parties before the Tribu-
nal”.
103 New section 224A inserted (Tribunal may strike out, determine, or
adjourn appeal)
After section 224, insert:Part 1 s 99 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
48224A Tribunal may strike out, determine, or adjourn appeal
(1) The Tribunal may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, the
Tribunal may, —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
104 Section 353 amended (Offences in relation to Tribunal)
Replace section 353(2)(c) with:
(c) without sufficient cause, contravenes or fails to comply with any order
made by the Tribunal under clause 10(3) of Schedule 2 or any term or
condition of the order; or
(d) breaches an order made under clause 18(4) of Schedule 2.
105 Section 355 amended (Penalties: general)
After section 355(4), insert:
(4A) A person convicted of an offence against section 353(2)(d)  is liable to a fine
not exceeding $3,000.
106 Schedule 2 amended
(1) In Schedule 2, replace clause 1(5) with:
(5) A member of the Tribunal continues in office despite the expiry of his or her
term of office until —
(a) the member is reappointed; or
(b) a successor to the member is appointed; or
(c) the member is notified that a replacement member will not be appointed;
or
(d) the member vacates or is removed from office.
(6) A member who continues in office for any period under subclause (5), unless
he or she was removed from office, may act as a member during that period for
the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 106
49(b) hearing any other proceedings.
(7) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
(2) In Schedule 2, clause 11(1), replace “the prescribed form ” with “a form
approved by the chief executive of the Ministry of Justice after consultation
with the chair of the Tribunal”.
(3) In Schedule 2, clause 11(2), after “exercised by the Tribunal, ”, insert “by the
chair or deputy chair of the Tribunal,”.
(4) In Schedule 2, clause 11(2), after “authority of the Tribunal ”, insert “or the
chair or deputy chair of the Tribunal”.
(5) In Schedule 2, after clause 18, insert:
18A Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the Tribunal or the chair of the Tri-
bunal considers it appropriate and the necessary facilities are available.
(6) In Schedule 2, after clause 18A, insert:
18B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Tribunal and how to commence
proceedings:
(b) any requirements that must be met to bring proceedings:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
(7) In Schedule 2, clause 19(1), replace “Subject to subclauses (2) and (4) ” with
“Subject to subclauses (2) and (4) and clause 18(4)”.
Subpart 9—Amendments to Immigration Advisers Licensing Act 2007
107 Principal Act
This subpart amends the Immigration Advisers Licensing Act 2007 (the princi-
pal Act ).
108 New section 41A inserted (Orderly and efficient operation)
After section 41, insert:Part 1 s 107 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
5041A Orderly and efficient operation
The chair of the Tribunal is responsible for making such arrangements as are
practicable to ensure that he or she and each member performs his or her func-
tions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
109 New section 41B inserted (Delegation by chair of Tribunal)
After section 41A, insert:
41B Delegation by chair of Tribunal
(1) The chair of the Tribunal may delegate any of the chair’s functions, duties, and
powers to a member of the Tribunal who he or she is satisfied has the necessary
capability, skills, and experience to perform or exercise those functions, duties,
and powers.
(2) A delegation —
(a) must be in writing; and
(b) must be to a named person; and
(c) is revocable at any time, in writing; and
(d) does not prevent the performance or exercise of a function, duty, or
power by the chair.
(3) A person to whom any functions, duties, or powers are delegated may perform
or exercise them in the same manner and with the same effect as if they had
been conferred directly by this Act and not by delegation.
(4) A person who appears to act under a delegation is presumed to be acting in
accordance with its terms in the absence of evidence to the contrary.
(5) A person to whom any functions, duties, or powers are delegated must be paid
remuneration and expenses (if any) determined in accordance with clause 4 of
the Schedule for work undertaken in that capacity.
110 Section 49 amended (Proceedings before Tribunal)
In section 49(2) , replace “and any regulations made under this Act ” with “, any
regulations made under this Act, and any practice notes issued under clause 12
of the Schedule”.
111 New section 50A inserted (Suppression orders)
After section 50, insert:
50A Suppression orders
(1) The Tribunal may order that any part of any evidence given or the name of any
witness not be published.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 111
51(2) An order may be made subject to any conditions that the Tribunal considers
appropriate.
112 New sections 70A to 70C inserted
After section 70, insert:
70A Offence of breaching suppression order
A person who breaches an order made under section 50A is liable on convic-
tion to a fine not exceeding $3,000.
70B Offence to fail to comply with summons
(1) A person commits an offence who, after being summoned to attend to give evi-
dence before the Tribunal or to produce to it any books, papers, documents,
records, or things, without sufficient cause, —
(a) fails to attend in accordance with the summons; or
(b) refuses to be sworn or to give evidence, or having been sworn refuses to
answer any question that the person is lawfully required by the Tribunal
or any member of it to answer concerning the subject of the inquiry; or
(c) fails to produce any such paper, document, record, or thing.
(2) A person commits an offence if the person —
(a) wilfully obstructs or hinders the Tribunal or any member of it or any
authorised person in any inspection or examination of papers, docu-
ments, records, or things; or
(b) without sufficient cause, fails to comply with any requirement of the Tri-
bunal or any authorised person made under clause 6(3) of the Schedule.
(3) A person who commits an offence against this section is liable on conviction to
a fine not exceeding $1,000.
(4) No person summoned to attend the inquiry may be convicted of an offence
against subsection (1) unless at the time of the service of the summons, or at
some other reasonable time before the date on which that person was required
to attend, there was made to that person a payment or tender of the amount
fixed in accordance with clause 7 of the Schedule.
70C Contempt of Tribunal
(1) A person commits an offence if the person —
(a) wilfully insults or obstructs the Tribunal or any member of it, a witness,
or an officer of the Tribunal during a sitting of the Tribunal or while a
member, a witness, or an officer is going to, or returning from, a sitting
of the Tribunal; or
(b) wilfully insults or obstructs any person in attendance at a sitting of the
Tribunal; orPart 1 s 112 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
52(c) wilfully interrupts, or otherwise misbehaves, at a sitting of the Tribunal;
or
(d) wilfully and without lawful excuse disobeys any order or direction of the
Tribunal in the course of the hearing of any proceedings.
(2) A person who commits an offence against subsection (1) is liable on conviction
to a fine not exceeding $1,000.
(3) The Tribunal may order the exclusion from a sitting of the Tribunal of any per-
son whose behaviour, in the opinion of the Tribunal, constitutes an offence
against subsection (1), whether or not the person is charged with the offence;
and any officer of the Tribunal or a constable may take any steps that are
reasonably necessary to enforce the exclusion.
113 Section 93 amended (Service of notices)
In section 93(3), replace “7” with “9”.
114 Schedule amended
(1) In the Schedule, clause 2(1), replace “not exceeding 3 years ” with “of up to 5
years”.
(2) In the Schedule, after clause 2(3), insert:
(4) A member who continues in office for any period under subclause (3) may act
as a member during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(5) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
(3) In the Schedule, after clause 3, insert:
3A Appointment of temporary acting chair or member
(1) If the chair or a member of the Tribunal becomes incapable of acting by reason
of illness, absence, or other sufficient cause, or if the chair or a member con-
siders it is not proper or not desirable that he or she should adjudicate on a spe-
cified matter, the Governor-General, on the recommendation of the Minister of
Justice acting in consultation with the Minister, may appoint a suitable person
as the acting chair or an acting member for the period or purpose stated in the
appointment.
(2) No person may be appointed as the acting chair or an acting member unless he
or she is eligible for appointment to the relevant position.
(3) The acting chair or acting member is, while acting in the position, to be treated
as the chair or a member of the Tribunal.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 114
53(4) No appointment of an acting chair or acting member, no act done by an acting
chair or acting member, and no act done by the Tribunal may be questioned in
any proceedings on the ground that the occasion for the appointment had not
arisen or had ceased.
(4) In the Schedule, replace clause 6(1) with:
(1) For the purposes of any matter before the Tribunal, the Tribunal may, on its
own initiative or at the request of a party, issue a summons to any person
requiring that person to attend before the Tribunal and give evidence.
(5) In the Schedule, clause 6(2), replace “the prescribed form ” with “a form
approved by the chief executive of the Ministry of Justice after consultation
with the chair of the Tribunal”.
(6) In the Schedule, clause 6(3), after “exercised by the Tribunal ”, insert “or the
chair of the Tribunal”.
(7) In the Schedule, clause 6(3), after “authority of the Tribunal ”, insert “or the
chair of the Tribunal”.
(8) In the Schedule, replace clause 8 with:
8 Power to take evidence
(1) The Tribunal may take evidence on oath or affirmation and, for that purpose,
the Tribunal or any other person acting under the express or implied direction
of the Tribunal may administer the oath or affirmation.
(2) The Tribunal may require that any documents or information be verified by
oath, affirmation, statutory declaration, affidavit, or another means.
(3) On any charge of perjury, it is sufficient to prove that the oath or affirmation
was administered, or the documents or information were verified, in accord-
ance with this clause.
8A Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the Tribunal or the chair of the Tri-
bunal considers it appropriate and the necessary facilities are available.
8B Decisions to be in writing and state reasons
Every decision of the Tribunal must be in writing and must state the reasons for
the decision.
(9) In the Schedule, clause 10(a), (b), and (c), replace “rules” with “regulations”.
(10) In the Schedule, after clause 11, insert:
12 Practice notes
(1) The chair of the Tribunal may issue practice notes as he or she thinks fit.Part 1 s 114 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
54(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of members of the Tribunal, officers of
the Tribunal, and parties before the Tribunal.
(11) In the Schedule, after clause 12, insert:
13 Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Tribunal and how to commence
proceedings:
(b) any requirements that must be met to bring proceedings:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
14 Online publication of final written decisions
(1) Every final written decision of the Tribunal must be published on an Internet
site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subclauses (1) and (2) are subject to section 50A.
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subclause (1)  in favour of publi-
cation, the Tribunal nevertheless determines that the decision or any part
of it should not be published because publication or the effect of publica-
tion would be contrary to the interests of justice.
(5) In this clause, final written decision  means a written decision that determines,
or substantially determines, the outcome of proceedings in the Tribunal and is
either of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers.
Subpart 10—Amendments to Lawyers and Conveyancers Act 2006
115 Principal Act
This subpart amends the Lawyers and Conveyancers Act 2006  (the principal
Act).Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 115
55116 Section 179 amended (Notification of practitioner or former practitioner,
partner, employer, or director)
(1) In section 179(1)(b), delete “on”.
(2) Replace section 179(3) with:
(3) The notice may be served by —
(a) delivering it personally to the practitioner, former practitioner, related
person or entity, partner, employer, or director or, if he or she refuses to
accept it, bringing it to his or her attention; or
(b) delivering it to any of those persons at his or her usual place of residence
or business by any form of prepaid delivery service that requires an
acknowledgement of receipt of delivery from the person named in the
notice.
117 Section 182 amended (Application of money in satisfaction of expenses)
Replace section 182(3) with:
(3) The notice may be served on a practitioner or former practitioner or his or her
representative by —
(a) delivering it personally to the practitioner or former practitioner or, if he
or she refuses to accept it, bringing it to his or her attention; or
(b) delivering it to any of those persons at his or her usual place of residence
or business by any form of prepaid delivery service that requires an
acknowledgement of receipt of delivery from the person named in the
notice.
118 New section 192A inserted (Orderly and efficient operation)
After section 192, insert:
192A Orderly and efficient operation
The Legal Complaints Review Officer is responsible for making such arrange-
ments as are practicable to ensure that he or she and any Deputy Legal Com-
plaints Review Officer performs his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
119 Section 198 amended (Applications for review)
In section 198(a), replace “the prescribed form ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with the Legal
Complaints Review Officer”.
120 Section 205 replaced (Power to decline to make further inquiry or
investigation)
Replace section 205 with:Part 1 s 116 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
56205 Legal Complaints Review Officer may strike out, determine, or adjourn
application for review
(1) The Legal Complaints Review Officer may strike out, in whole or in part, an
application for review if satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of an application for
review, the Legal Complaints Review Officer may, —
(a) if the party is required to be present, strike out the application; or
(b) determine the application in the absence of the party; or
(c) adjourn the hearing.
121 Section 206 amended (Proceedings of Legal Complaints Review Officer)
(1) Replace section 206(2) with:
(2) Despite anything in this Act to the contrary, if it appears to the Legal Com-
plaints Review Officer that a review can be adequately determined on the
papers, he or she may, without the consent of the parties, do so on the basis of
the information available, including any information obtained under section
204(b).
(2A) Before doing so, he or she must give the parties a reasonable opportunity to
comment on whether the review should be dealt with in that manner.
(2B) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the Legal Complaints Review
Officer considers it appropriate and the necessary facilities are available.
(2) After section 206(3), insert:
(3A) The Legal Complaints Review Officer’s powers to determine a review are not
affected by the failure of any party to —
(a) make a submission or comment within the time allowed; or
(b) give specified information within the time allowed; or
(c) attend, or participate in, a hearing called by the Legal Complaints
Review Officer; or
(d) do any other thing the Legal Complaints Review Officer asks for or
directs.
(3B) If any failure of the kind referred to in subsection (3A) occurs in review pro-
ceedings, the Legal Complaints Review Officer may —
(a) draw from the failure any reasonable inferences he or she thinks fit; andReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 121
57(b) determine the review concerned on the basis of the information available
to him or her or strike out the application for review under section 205;
and
(c) give any weight he or she thinks fit to information —
(i) that he or she asked for, or directed to be provided; but
(ii) that was provided later than requested or directed.
(3) In section 206(4), replace “subject to subsection (3), ” with “subject to subsec-
tion (3) and section 206A,”.
(4) In section 206(5), replace “and to any rules made under this Act, ” with “, any
rules made under this Act, and any practice notes issued under section 215A,”.
(5) After section 206(5), insert:
(6) Forms for use by the Legal Complaints Review Officer may be approved by
the chief executive of the Ministry of Justice after consulting the Legal Com-
plaints Review Officer.
122 New section 206A inserted (Suppression orders)
After section 206, insert:
206A Suppression orders
(1) The Legal Complaints Review Officer may order that any part of any evidence
given or the name of any witness not be published.
(2) An order may be made subject to any conditions that the Legal Complaints
Review Officer considers appropriate.
123 Section 215 amended (Enforcement of orders for costs or expenses)
(1) In the heading to section 215, replace “costs or expenses ” with “payment of
money ”.
(2) In section 215(1), replace “costs or expenses or both ” with “money (whether
compensation, the refund of a fee, a fine, or costs or expenses)” in each place.
(3) In section 215(2), replace “costs or expenses or both ” with “money (whether
compensation, the refund of a fee, a fine, or costs or expenses)”.
(4) Replace section 215(3) with:
(3) The court so named must be —
(a) the District Court, if the amount recoverable does not exceed $350,000
or any higher amount from time to time specified in section 74 of the
District Court Act 2016 as the upper limit of the general civil jurisdiction
of the District Court; or
(b) in every other case, the High Court.Part 1 s 122 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
58124 New section 215A and cross-heading inserted
After section 215, insert:
Practice notes, procedural information, and publication of decisions
215A Practice notes
(1) The Legal Complaints Review Officer may issue practice notes as he or she
thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of Deputy Legal Complaints Review
Officers, persons making complaints, persons who are the subject of com-
plaints, and parties before the Legal Complaints Review Officer.
125 New section 215B inserted (Online publication of information about
procedures, time frames, and progress of decisions)
After section 215A, insert:
215B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Legal Complaints Review Officer
and how to commence a review:
(b) any requirements that must be met to request a review:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
126 New section 233A inserted (Appointment of temporary acting member)
After section 233, insert:
233A Appointment of temporary acting member
(1) If a member of the Disciplinary Tribunal becomes incapable of acting by rea-
son of illness, absence, or other sufficient cause, or if a member considers it is
not proper or not desirable that he or she should adjudicate on a specified
matter, the Governor-General, on the recommendation of the Minister, may
appoint a suitable person as an acting member for the period or purpose stated
in the appointment.
(2) The Minister must not make a recommendation under subsection (1) unless the
Minister has consulted —
(a) the chairperson of the Disciplinary Tribunal; and
(b) the New Zealand Law Society; and
(c) the New Zealand Society of Conveyancers.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 126
59(3) No person may be appointed as an acting member unless he or she is eligible
for appointment as a member.
(4) An acting member is, while acting in the position, to be treated as a member of
the Tribunal.
(5) No appointment of an acting member, no act done by an acting member, and no
act done by the Tribunal may be questioned in any proceedings on the ground
that the occasion for the appointment had not arisen or had ceased.
127 New section 238A inserted (Hearing on papers)
After section 238, insert:
238A Hearing on papers
(1) Despite anything in this Act to the contrary, the Disciplinary Tribunal may
determine a proceeding on the papers if the Tribunal considers it appropriate.
(2) Before doing so, the Tribunal must give the parties a reasonable opportunity to
comment on whether the proceeding should be dealt with in that manner.
128 New sections 239A and 239B inserted
After section 239, insert:
239A Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Disciplinary Tribunal and how to
bring proceedings:
(b) any requirements that must be met to bring proceedings:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
239B Online publication of final written decisions
(1) Every final written decision of the Disciplinary Tribunal must be published on
an Internet site as soon as practicable, unless there is good reason not to pub-
lish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 240.
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:Part 1 s 127 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
60(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, the Disciplinary Tribunal nevertheless determines that the deci-
sion, or any part of it, should not be published because publication or the
effect of publication would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in the Discip-
linary Tribunal and is any of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers:
(c) an oral decision transcribed by an official transcription service.
129 New section 240A inserted (Disciplinary Tribunal may strike out,
determine, or adjourn proceeding)
After section 240, insert:
240A Disciplinary Tribunal may strike out, determine, or adjourn proceeding
(1) The Disciplinary Tribunal may strike out, in whole or in part, a proceeding if
satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, the
Disciplinary Tribunal may, —
(a) if the party is required to attend, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
130 New section 249A inserted (Practice notes)
After section 249, insert:
249A Practice notes
(1) The chairperson of the Disciplinary Tribunal may issue practice notes as he or
she thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of other members of the Disciplinary
Tribunal, officers of the Disciplinary Tribunal, and parties before the Disciplin-
ary Tribunal.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 130
61131 Section 251 amended (Contempt of Disciplinary Tribunal)
In section 251(1)(a), delete “assaults”.
132 Section 258 amended (Enforcement of orders of Disciplinary Tribunal)
(1) After section 258(2), insert:
(2A) If the Disciplinary Tribunal, acting in accordance with this Act or any rules
made under this Act, orders the New Zealand Law Society or the New Zealand
Society of Conveyancers or any person to pay a fine, expenses, or other monet-
ary amount to any other person, that amount is recoverable in any court of
competent jurisdiction from that society or person by that other person as a
debt due to that person.
(2) In section 258(3), after “the High Court ”, insert “or, in the case of an order to
pay any amount referred to in subsection (2) or (2A), in the office of any court
of competent jurisdiction”.
(3) In section 258(4), replace “High Court” with “court in which it was filed”.
133 New section 262A inserted (Offence of breaching suppression order)
After section 262, insert:
262A Offence of breaching suppression order
A person who breaches an order made under section 206A  is liable on convic-
tion to a fine not exceeding $3,000.
134 Schedule 3 amended
(1) In Schedule 3, replace clause 1(1) with:
(1) A person appointed as the Legal Complaints Review Officer must be appointed
for a term of up to 5 years and may be reappointed.
(2) In Schedule 3, after clause 1(2), insert:
(3) A person who continues in office for any period under subclause (2) may act as
the Legal Complaints Review Officer during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by him or her before
the expiry of his or her term of office:
(b) hearing any other proceedings.
(4) A person who has resigned, or whose successor is appointed or who will not be
replaced (unless he or she was removed from office), may continue in office for
the purpose of completing any proceedings that are partly or wholly heard.
(3) In Schedule 3, replace clause 3(1) with:
(1) Deputies to the person appointed as the Legal Complaints Review Officer may
be appointed from time to time.Part 1 s 131 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
62135 Schedule 4 amended
(1) In Schedule 4, clause 2(1), replace “not exceeding 3 years ” with “of up to 5
years”.
(2) In Schedule 4, after clause 2(3), insert:
(4) A member who continues in office for any period under subclause (3) may act
as a member during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(5) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
(3) In Schedule 4, replace clause 6 with:
6 Power to summon witnesses
(1) For the purposes of its proceedings, the Disciplinary Tribunal may, on its own
initiative or at the request of a party, issue in writing a summons requiring any
person —
(a) to attend at the time and place specified in the summons and to give evi-
dence; and
(b) to produce any papers, documents, records, or things in that person’s
possession or under that person’s control that are relevant to the proceed-
ings.
(2) The Tribunal may require a person producing any of the things listed in sub-
clause (1)(b) to do so under oath or affirmation, by statutory declaration, or by
other means.
(3) The power to issue a witness summons may be exercised by the Tribunal, the
chairperson, the deputy chairperson, the chairperson of a division, or any offi-
cer of the Tribunal purporting to act at the direction or with the authority of the
Tribunal or any of those persons.
(4) The Tribunal may —
(a) require a copy of anything that is produced to be provided to any person
appearing at the hearing; and
(b) impose any terms and conditions on the provision of copies and the use
that can be made of them.
(5) For the purposes of subclause (1), writing  includes —
(a) the recording of words in a permanent and legible form; and
(b) the recording of words by electronic means that can be retrieved and
read; andReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 135
63(c) the display of words by any form of electronic or other means of com-
munication that is subsequently recorded by electronic means and that
can, by any means, be retrieved and read.
(4) In Schedule 4, after clause 6(3), insert:
(3A) A witness summons must be in a form approved by the chief executive of the
Ministry of Justice after consulting the Tribunal.
(5) In Schedule 4, after clause 11, insert:
12 Decisions to be in writing and state reasons
(1) Every decision of the Disciplinary Tribunal must be in writing and must state
the reasons for the decision.
(2) Despite subclause (1), the Tribunal —
(a) may give interim decisions on matters requiring urgent decisions, with-
out stating the reasons for the decision; but
(b) must subsequently set out the reasons for the decision in a written deci-
sion.
Subpart 11—Amendments to Legal Services Act 2011
136 Principal Act
This subpart amends the Legal Services Act 2011 (the principal Act ).
137 Section 53 amended (Application for review)
In section 53(2), replace “3 months” with “60 working days”.
138 New sections 55A and 55B inserted
After section 55, insert:
55A Procedure
(1) The Tribunal may regulate its procedures as it sees fit, subject to this Act, any
regulations made under it, and any practice notes issued under section 65(2)(b).
(2) Forms for use in the Tribunal may be approved by the chief executive of the
Ministry after consulting the Tribunal.
55B Tribunal may strike out application for review
The Tribunal may strike out, in whole or in part, an application for review if
satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.Part 1 s 136 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
64139 New section 57A inserted (Suppression orders)
After section 57, insert:
57A Suppression orders
(1) The Tribunal may order that any part of any evidence given or the name of any
witness not be published.
(2) An order may be made subject to any conditions that the Tribunal considers
appropriate.
140 New section 57B inserted (Online publication of information about
procedures, time frames, and progress of decisions)
After section 57A, insert:
57B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry:
(a) information about the purpose of the Tribunal and how to bring proceed-
ings:
(b) any requirements that must be met to bring proceedings:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
141 Section 58 amended (Chairperson may direct publication of Tribunal
decisions)
In section 58, insert as subsection (2):
(2) Subsection (1) is subject to section 57A.
142 Section 65 amended (Chairperson of Tribunal)
In section 65(2)(b), after “Tribunal” , insert “and for the guidance of members
of the Tribunal, officers of the Tribunal, and parties before the Tribunal”.
143 New section 66A inserted (Appointment of temporary acting chairperson
or member)
After section 66, insert:
66A Appointment of temporary acting chairperson or member
(1) If the chairperson or a member of the Tribunal becomes incapable of acting by
reason of illness, absence, or other sufficient cause, or if the chairperson or a
member considers it is not proper or not desirable that he or she should adjudi-
cate on a specified matter, the Governor-General, on the recommendation of
the Minister, may appoint a suitable person as the acting chairperson or an
acting member for the period or purpose stated in the appointment.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 143
65(2) No person may be appointed as the acting chairperson or an acting member
unless he or she is eligible for appointment to the relevant position.
(3) The acting chairperson or an acting member is, while acting in the position, to
be treated as the chairperson or a member of the Tribunal.
(4) No appointment of an acting chairperson or acting member, no act done by an
acting chairperson or acting member, and no act done by the Tribunal may be
questioned in any proceedings on the ground that the occasion for the appoint-
ment had not arisen or had ceased.
144 New section 85A inserted (Review Authority may strike out review)
After section 85, insert:
85A Review Authority may strike out review
The Review Authority may strike out, in whole or in part, a review if satisfied
that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
145 New section 86A inserted (Suppression orders)
After section 86, insert:
86A Suppression orders
(1) The Review Authority may order that any part of any evidence given or the
name of any witness not be published.
(2) An order may be made subject to any conditions that the Review Authority
considers appropriate.
146 Section 87A amended (Deputy Review Authority)
Replace section 87A(1) with:
(1) A Deputy Review Authority appointed under section 84(2) has the functions,
powers, duties, and immunities of the Review Authority (except the function of
issuing practice notes under section 87D), and every reference to the Review
Authority in sections 85 to 87 and in Part 3 of Schedule 3 is taken to include a
reference to a Deputy Review Authority.
147 New section 87C inserted (Appointment of temporary acting Review
Authority or Deputy Review Authority)
After section 87B, insert:Part 1 s 144 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
6687C Appointment of temporary acting Review Authority or Deputy Review
Authority
(1) If the Review Authority or a Deputy Review Authority becomes incapable of
acting by reason of illness, absence, or other sufficient cause, or if the Review
Authority or a Deputy Review Authority considers it is not proper or not desir-
able that he or she should adjudicate on a specified matter, the Minister may
appoint a suitable person as the acting Review Authority or an acting Deputy
Review Authority for the period or purpose stated in the appointment.
(2) No person may be appointed as the acting Review Authority or an acting
Deputy Review Authority unless he or she is eligible for appointment to the
relevant position.
(3) The acting Review Authority or an acting Deputy Review Authority is, while
acting in the position, to be treated as the Review Authority or a Deputy
Review Authority.
(4) No appointment of an acting Review Authority or acting Deputy Review
Authority and no act done by an acting Review Authority or acting Deputy
Review Authority may be questioned in any proceedings on the ground that the
occasion for the appointment had not arisen or had ceased.
148 New section 87D and cross-heading inserted
After section 87C, insert:
Practice notes, procedural information, and publication of decisions
87D Practice notes
(1) The Review Authority may issue practice notes as he or she thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of a Deputy Review Authority, officers
of the Authority, and parties before the Authority.
149 New sections 87E and 87F inserted
After section 87D, insert:
87E Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry:
(a) information about the purpose of the Review Authority and how to bring
proceedings:
(b) any requirements that must be met to bring proceedings:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 149
6787F Online publication of final written decisions
(1) Every final written decision of the Review Authority must be published on an
Internet site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 86A.
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, the Review Authority nevertheless determines that the decision
or any part of it should not be published because publication or the effect
of publication would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in the Review
Authority.
150 New section 112A inserted (Offence of breaching suppression order)
After section 112, insert:
112A Offence of breaching suppression order
A person who breaches an order made under section 57A or 86A is liable on
conviction to a fine not exceeding $3,000.
151 Section 115 amended (Service of notices, etc)
(1) After section 115(1)(c), insert:
(d) by sending it to that person electronically.
(2) After section 115(3), insert:
(4) If a notice or any other communication is served in electronic form under sub-
section (1)(d), then, unless the contrary is shown, —
(a) the notice or other communication is served at the time the electronic
communication containing the notice or communication first enters an
information system outside the control of its originator; and
(b) in proving service, it is sufficient to prove that the electronic communi-
cation was properly addressed and sent.
(5) In this section, information system  means a system for producing, sending,
receiving, storing, displaying, or otherwise processing electronic communica-
tions.Part 1 s 150 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
68152 Schedule 3 amended
(1) In Schedule 3, clause 1(1), replace “3 years” with “5 years”.
(2) In Schedule 3, clause 3, insert as subclauses (2) and (3):
(2) A member who continues in office for any period under subclause (1) may
(unless he or she is removed from office) act as a member during that period
for the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(3) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
(3) In Schedule 3, clause 18(1), replace “3 years” with “5 years”.
(4) In Schedule 3, after clause 18(2), insert:
(3) The Review Authority continues in office despite the expiry of his or her term
of office until —
(a) the Review Authority is reappointed; or
(b) the Review Authority’s successor is appointed; or
(c) the Review Authority is notified that a replacement Review Authority
will not be appointed; or
(d) the Review Authority vacates or is removed from office.
(4) A person who continues in office for any period under subclause (3), unless he
or she was removed from office, may act as the Review Authority during that
period for the purpose of —
(a) completing any proceedings partly or wholly heard by them before the
expiry of his or her term of office:
(b) hearing any other proceedings.
(5) A person who has resigned, or whose successor is appointed or who will not be
replaced (unless he or she was removed from office), may continue in office for
the purpose of completing any proceedings that are partly or wholly heard.
(5) In Schedule 3, replace clauses 25 and 26 with:
25 Procedure
The Review Authority may regulate his or her procedure as he or she thinks fit,
subject to this Act, any regulations made under it, and any practice notes issued
under section 87D.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 152
6926 Orderly and efficient operation
(1) The Review Authority is responsible for making any arrangements that are
practicable to ensure that he or she and any Deputy Authorities, perform their
functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(2) The Ministry of Justice must provide the resources and administrative support
necessary to enable the Review Authority to perform his or her functions.
(6) In Schedule 3, clause 25, insert as subclause (2):
(2) Forms for use by the Review Authority may be approved by the chief execu-
tive of the Ministry after consulting the Review Authority.
Subpart 12—Amendments to Maritime Transport Act 1994
153 Principal Act
This subpart amends the Maritime Transport Act 1994 (the principal Act ).
154 Section 52 amended (Suspension from work)
(1) Replace section 52(2B) with:
(2B) If the Director proposes to suspend a person, the Director must give the person
notice under section 51, which applies as if the proposed suspension were a
proposed adverse decision under that section.
(2) Replace section 52(5) with:
(5) A person who is the subject of a decision under this section may appeal the
decision to the District Court under section 424.
155 Section 82 and cross-heading repealed
Repeal section 82 and the cross-heading above section 82.
156 New section 82A inserted (Maritime Appeal Authority disestablished)
After section 82, insert:
82A Maritime Appeal Authority disestablished
(1) The Maritime Appeal Authority is disestablished.
(2) No compensation is payable to a person who ceases to hold office as a result of
the Maritime Appeal Authority being disestablished.
157 Section 191 amended (Maritime levies)
In section 191(2)(b), delete “the Maritime Appeal Authority,”.Part 1 s 153 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
70158 Section 207 amended (Abolition of Marine Council and Marine Advisory
Committee, etc)
Replace section 207(1)(d) with:
(d) every other body established by or under the Shipping and Seamen Act
1952, including the Maritime Appeal Authority (which is disestablished
under section 82A).
159 Section 425 amended (Procedure)
After section 425(2), insert:
(2A) When deciding an appeal under section 52, the District Court must have regard
to the potential effect on the risk to maritime safety of the suspended person
being employed as a seafarer.
160 Section 426 amended (Decision of Director or harbourmaster to continue
in force pending appeal)
In section 426(1) and (2), delete “section 52 or”.
161 Section 445 amended (Regulations for fees and charges)
In section 445(1)(b), delete “the Maritime Appeal Authority,”.
162 Schedule 2 repealed
Repeal Schedule 2.
Subpart 13—Amendments to Motor Vehicle Sales Act 2003
163 Principal Act
This subpart amends the Motor Vehicle Sales Act 2003 (the principal Act ).
164 Section 84 amended (Term of office of adjudicators)
(1) Replace section 84(1)(b) with:
(b) may be reappointed.
(2) After section 84(2), insert:
(3) An adjudicator who continues in office for any period under subsection (2)
may act as an adjudicator during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Disputes Tri-
bunal on which he or she sat before the expiry of his or her term of
office:
(b) hearing any other proceedings.
(4) An adjudicator who has resigned, or whose successor is appointed or who will
not be replaced (unless he or she was removed from office), may continue in
office for the purpose of completing any proceedings that are partly or wholly
heard.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 164
71165 New section 85A inserted (Appointment of temporary acting adjudicator)
After section 85, insert:
85A Appointment of temporary acting adjudicator
(1) If an adjudicator of a Disputes Tribunal becomes incapable of acting by reason
of illness, absence, or other sufficient cause, or if an adjudicator considers it is
not proper or not desirable that he or she should adjudicate on a specified
matter, the Governor-General, on the joint recommendation of the Minister and
the Minister of Justice, may appoint a suitable person as an acting adjudicator
for the period or purpose stated in the appointment.
(2) No person may be appointed as an acting adjudicator unless he or she is eli-
gible for appointment as an adjudicator.
(3) An acting adjudicator is, while acting in the position, to be treated as the adju-
dicator of the relevant Disputes Tribunal.
(4) No appointment of an acting adjudicator, no act done by an acting adjudicator,
and no act done by a Disputes Tribunal may be questioned in any proceedings
on the ground that the occasion for the appointment had not arisen or had
ceased.
166 Section 88 amended (Panel of persons who may be appointed as assessors)
(1) Replace section 88(1) with:
(1) The Minister must maintain a panel of any number of persons that may be
required to ensure the efficient and expeditious exercise of the jurisdiction of
the Disputes Tribunals throughout New Zealand.
(1A) The Minister must specify a period of up to 5 years for which a person is
approved as a member of the panel.
(1B) The Minister may approve the inclusion of a person on the panel for further
periods of up to 5 years.
(2) Repeal section 88(3).
(3) Replace section 88(5) with:
(5) If subsection (4)(c) or (d) applies, the person may continue in office for the
purpose of completing any proceedings that are partly or wholly heard.
167 Section 89 amended (Jurisdiction of Disputes Tribunal)
In section 89(1)(b), replace “a Disputes Tribunal ” with “the Disputes Tribu-
nal”.
168 Section 94 amended (Decisions to be publicly available)
In section 94(1), replace “Every”  with “Subject to clause 13A in Schedule 1,
every”.Part 1 s 165 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
72169 New sections 110A and 110B and cross-heading inserted
After section 110, insert:
Offences relating to Disputes Tribunals
110A Offence in relation to suppression orders
(1) A person commits an offence if the person breaches an order made under
clause 13A of Schedule 1.
(2) The penalty for an offence under this section is set out in section 116A.
110B Contempt of Tribunal
(1) A person commits an offence if the person —
(a) wilfully insults, or obstructs a Disputes Tribunal, an adjudicator, an
assessor, a witness, or an officer of a Tribunal during a sitting of a Tribu-
nal or while an adjudicator, an assessor, a witness, or an officer is going
to, or returning from, a sitting of a Tribunal; or
(b) wilfully insults, or obstructs any person in attendance at a sitting of a
Tribunal; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of a Tribunal; or
(d) wilfully and without lawful excuse disobeys any order or direction of a
Tribunal in the course of the hearing of any proceedings.
(2) The penalty for an offence under this section is set out in section 116A.
(3) A Tribunal may order the exclusion from a sitting of the Tribunal of any person
whose behaviour, in the opinion of the Tribunal, constitutes an offence against
subsection (1), whether or not the person is charged with the offence, and any
officer of the Tribunal or constable may take any steps that are reasonably
necessary to enforce the exclusion.
170 New section 116A inserted (Penalties for offences relating to Disputes
Tribunals)
After section 116, insert:
116A Penalties for offences relating to Disputes Tribunals
(1) A person convicted of an offence against section 110A is liable to a fine not
exceeding $3,000.
(2) A person convicted of an offence against section 110B or clause 9H of Sched-
ule 1 is liable to a fine not exceeding $1,000.
171 Schedule 1 amended
(1) In Schedule 1, clause 1 , after “rules of natural justice ”, insert “and any practice
notes issued under clause 17”.
(2) In Schedule 1, clause 1, insert as subclause (2):Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 171
73(2) Forms for use in the Disputes Tribunals may be approved by the chief execu-
tive of the Ministry of Justice after consulting all the adjudicators.
(3) In Schedule 1, after clause 2, insert:
2A Orderly and efficient operation
An adjudicator is responsible for making any arrangements that are practicable
to ensure that the Disputes Tribunal on which he or she sits performs its func-
tions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(4) In Schedule 1, clause 4, replace “the prescribed form ” with “a form approved
by the chief executive of the Ministry of Justice after consultation with all
adjudicators”.
(5) In Schedule 1, clause 8(1), replace “must be conducted in private ” with “must,
unless a Disputes Tribunal orders otherwise, be conducted in public”.
(6) In Schedule 1, after clause 8(1), insert:
(1A) A Disputes Tribunal may order that a hearing be conducted in private if the
relevant adjudicator is of the opinion that it is proper to do so, having regard to
the interests of any party and to the public interest.
(7) In Schedule 1, replace clause 8(2) with:
(2) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the relevant adjudicator considers
it appropriate and the necessary facilities are available.
(8) In Schedule 1, after clause 9, insert:
9A Hearing on papers
(1) Despite anything in this Act to the contrary, a Disputes Tribunal may determine
a proceeding on the papers if the relevant adjudicator considers it appropriate.
(2) Before doing so, the Tribunal must give the parties a reasonable opportunity to
comment on whether the proceeding should be dealt with in that manner.
9B Disputes Tribunal may strike out, determine, or adjourn proceeding
(1) A Disputes Tribunal may strike out, in whole or in part, a proceeding if the
relevant adjudicator is satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, a
Disputes Tribunal may, —Part 1 s 171 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
74(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
9C Evidence
(1) A Disputes Tribunal may take evidence on oath or affirmation and, for that pur-
pose, the Tribunal or any other person acting under the express or implied
direction of the Tribunal may administer the oath or affirmation.
(2) A Disputes Tribunal may require that any documents or information be verified
by oath or affirmation, statutory declaration, affidavit, or another means.
(3) A Disputes Tribunal may, on its own initiative, seek and receive any other evi-
dence and make any other investigations and inquiries that it thinks fit.
(4) All evidence and information received or ascertained must be disclosed to
every party, and every party must be given a reasonable opportunity to com-
ment on it.
(5) A Disputes Tribunal may receive and take into account any relevant evidence
or information, whether or not that evidence or information would normally be
admissible in a court of law.
(6) On any charge of perjury, it is sufficient to prove that the oath or affirmation
was administered, or the documents or information were verified, in accord-
ance with this clause.
(9) In Schedule 1, after clause 9C, insert:
9D Summons to witness
(1) A Disputes Tribunal may, on its own initiative or at the request of a party, by a
summons in a form approved by the chief executive of the Ministry after con-
sulting all the adjudicators, summon any person —
(a) to attend before the Tribunal at the time and place specified in the sum-
mons; and
(b) to give evidence in the proceedings; and
(c) to produce to the Tribunal any documents in that person’s possession or
control that are specified in the summons.
(2) The power to issue a witness summons may be exercised by a Disputes Tribu-
nal, an adjudicator, or any officer of a Tribunal purporting to act at the direction
or with the authority of the Tribunal or an adjudicator.
(10) In Schedule 1, after clause 9D, insert:
9E Service of summons
(1) Every summons issued under clause 9D must be served on the person to whom
it is directed, either by personally delivering it to that person or, if that personReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 171
75refuses to accept it, by bringing it to that person’s attention, within a reasonable
time before the time specified in the summons for that person’s attendance.
(2) There must be paid or tendered to the witness at the time of service of the sum-
mons, or at any other reasonable time before the time at which the witness’s
attendance is required, the sum that the Registrar estimates to be payable to the
witness under clause 9G for allowances and travelling expenses (but not for
fees).
(3) A witness is not obliged to comply with a summons issued under clause 9D
unless the sum specified in subclause (2) is paid or tendered to the witness in
accordance with that subclause.
9F Obligation on witness to attend extends to adjourned proceedings
(1) The obligation on a witness summoned under clause 9D to attend any proceed-
ings extends to any time and place to which the proceedings are adjourned, but
only if clause 9E(2) has first been complied with in respect of each subsequent
attendance.
(2) A Disputes Tribunal or an adjudicator may excuse a witness from any further
attendance.
9G Witnesses’ expenses
(1) Every person who attends before a Disputes Tribunal for the purpose of giving
evidence in any proceedings is entitled to receive any fees, allowances, and
travelling expenses that the Tribunal directs, in accordance with the scale set
out in the Schedule of the Witnesses and Interpreters Fees Regulations 1974.
(2) The fees, allowances, and travelling expenses are payable by the party on
whose behalf the person attends, unless in any particular case a Disputes Tribu-
nal orders them to be paid out of money appropriated by Parliament for those
purposes.
9H Failure to give evidence
(1) A person commits an offence if the person —
(a) has been served with a summons issued under clause 9D; and
(b) has been paid or tendered witness expenses in accordance with clause
9G; and
(c) fails without sufficient cause to comply with the directions of the sum-
mons or with the requirements of clause 9F in respect of the summons.
(2) A person commits an offence if the person —
(a) is present at any proceedings before a Disputes Tribunal (whether or not
as a result of the service of any summons on that person); and
(b) is required to give evidence in the proceedings; and
(c) refuses —Part 1 s 171 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
76(i) to be sworn; or
(ii) to give evidence in the proceedings.
(3) The penalty for an offence against this clause is set out in section 116A.
(4) The payment of a fine does not release a person from any liability under any
other action for failing to comply with the directions of a summons issued
under clause 9D.
(11) In Schedule 1, after clause 13, insert:
13A Suppression orders
(1) A Disputes Tribunal may order that any part of any evidence given or the name
of any witness not be published.
(2) An order may be made subject to any conditions that the adjudicator considers
appropriate.
(12) In Schedule 1, after clause 16, insert:
Practice notes, procedural information, and publication of decisions
17 Practice notes
(1) All adjudicators acting together may issue practice notes, to apply to all Dis-
putes Tribunals, as they think fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of the Tribunals, officers of the Tribu-
nals, and parties before the Tribunals.
(13) In Schedule 1, after clause 17, insert:
18 Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of Disputes Tribunals and how to com-
mence a claim:
(b) any requirements that must be met to bring a claim:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
Subpart 14—Amendments to Prisoners’ and Victims’ Claims Act 2005
172 Principal Act
This subpart  amends the Prisoners’ and Victims’ Claims Act 2005 (the princi-
pal Act ).Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 172
77173 Section 27 amended (Service of notices)
In section 27(4), replace “delivered to the person on the seventh day after the
day on which it was posted” with “served 5 working days after it was posted”.
174 Section 43 amended (Contravention of orders or directions under section
41)
In section 43(2)(a), replace “$1,000” with “$3,000”.
175 Section 45 amended (Other aspects of procedure)
In section 45, after “and 60, ”, insert “and any practice notes issued under sec-
tion 60A,”.
176 New section 58A inserted (Orderly and efficient operation)
After section 58, insert:
58A Orderly and efficient operation
A Tribunal is responsible for making any arrangements that are practicable to
ensure that he or she performs his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
177 New section 60A inserted (Practice notes)
After section 60, insert:
60A Practice notes
(1) The Chief District Court Judge may issue practice notes as he or she thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of the Tribunals, officers of Tribunals,
and parties before Tribunals.
178 New section 60B inserted (Online publication of information about
procedures, time frames, and progress of decisions)
After section 60A, insert:
60B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Tribunals and how to commence a
claim:
(b) any requirements that must be met for a claim:Part 1 s 173 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
78(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
Subpart 15—Amendments to Private Security Personnel and Private
Investigators Act 2010
179 Principal Act
This subpart  amends the Private Security Personnel and Private Investigators
Act 2010 (the principal Act ).
180 Section 4 amended (Interpretation)
(1) In section 4, replace the definition of Licensing Authority  or Authority  with:
Licensing Authority  or Authority  means a Private Security Personnel Licens-
ing Authority appointed under section 87 and includes a Deputy Private Secur-
ity Personnel Licensing Authority appointed under section 91, and the terms
Licensing Authorities , Authorities , and Deputy Licensing Authorities  have
corresponding meanings
(2) In section 4, definition of misconduct , after “disgraceful” , insert “, wilful, or
reckless”.
(3) In section 4, definition of offence of dishonesty , paragraph (b), after “1981”,
insert “; and”.
(4) In section 4, definition of offence of dishonesty , after paragraph (b), insert:
(c) any offence described in section 127 of the Social Security Act 1964
(5) In section 4, insert in its appropriate alphabetical order:
unsatisfactory conduct , in relation to a licensee or certificate holder and for
the purposes of sections 73 and 74, means —
(a) conduct that falls short of the standard that a reasonable member of the
public is entitled to expect from a reasonably competent licensee or cer-
tificate holder; or
(b) conduct that is incompetent or negligent; or
(c) conduct that would reasonably be regarded by private security personnel
or private investigators of good standing as being unacceptable.
181 Section 24 amended (Application for licence: individual applicant)
(1) In section 24(1)(a), replace “the prescribed form” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
(2) In section 24(1)(c), after “prescribed fee”, insert “(if any)”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 181
79182 Section 25 amended (Application for licence: company applicant)
(1) In section 25(1)(a), replace “the prescribed form” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
(2) In section 25(1)(c), after “prescribed fee”, insert “(if any)”.
183 Section 27 amended (Notice of application for licence)
(1) In section 27(2), replace “the prescribed form ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
(2) In section 27(3), replace “1 month” with “20 working days”.
184 Section 28 amended (Objections by Police to application for licence)
(1) In section 28(1),—
(a) replace “1 month” with “20 working days”:
(b) delete “with the Licensing Authority”.
(2) In section 28(3),—
(a) replace “The Licensing Authority” with “A Licensing Authority”:
(b) replace “7 days” with “5 working days”:
(c) delete “with the Licensing Authority”.
185 Section 29 amended (Objections by other persons)
(1) In section 29(1),—
(a) replace “1 month” with “20 working days”:
(b) delete “with the Licensing Authority”.
(2) In section 29(5), replace “7 days” with “5 working days”.
186 Section 31 amended (Application determined by oral hearing)
Replace section 31(1) and (2) with:
(1) If a Licensing Authority is to hold an oral hearing of an application for a
licence, the Authority must fix a time and place for the hearing, and must give
not less than 10 working days’ notice of the hearing to —
(a) the applicant; and
(b) any person who has filed a notice of objection in accordance with sec-
tion 28 or 29; and
(c) if it receives a report on the application from the Complaints, Investiga-
tion, and Prosecution Unit, the chief investigator of the unit.
(2) If a Licensing Authority receives a report requested under section 26(1)(b) and
suspects on the basis of that report that there may be grounds for refusing thePart 1 s 182 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
80application, the Authority must, not later than 10 working days before the date
of the hearing, provide the applicant with a statement of the reasons for that
suspicion.
187 Section 34 amended (Issue of licence)
(1) In section 34(1), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
(2) In section 34(1), replace “the prescribed form ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
188 Section 40 amended (Persons not to act as officers of licensed company
without consent of Licensing Authority)
In section 40(3), replace “the prescribed form ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
189 Section 41 amended (Amendment of licence)
(1) In section 41(1), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
(2) In section 41(3), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
190 Section 43 amended (Annual return updating licence and certificate of
improvement)
In section 43(5), replace “7 days” with “5 working days”.
191 Section 46 amended (Application for certificate of approval)
(1) In section 46(1)(a), replace “the prescribed form” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
(2) In section 46(1)(c), after “prescribed fee”, insert “(if any)”.
192 Section 48 amended (Notice of application for certificate of approval)
In section 48(2), replace “7 days” with “5 working days”.
193 Section 49 amended (Objections by Police to application for certificate of
approval)
(1) In section 49(1),—
(a) delete “with the Licensing Authority”:
(b) replace “7 days” with “5 working days”.
(2) In section 49(3),—Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 193
81(a) replace “7 days” with “5 working days”:
(b) delete “with the Licensing Authority”.
194 Section 51 amended (Application determined by oral hearing)
In section 51(1), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
195 Section 54 amended (Issue of certificate of approval)
(1) In section 54(1), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
(2) In section 54(1), replace “the prescribed form ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Licensing
Authorities”.
196 Section 58 amended (Amendment of certificate of approval)
(1) In section 58(1), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
(2) In section 58(3), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
197 Section 62 amended (Grounds of disqualification for individual applicant)
After section 62(f), insert:
(fa) is adjudged bankrupt, makes any assignment for the benefit of his or her
creditors, or makes any composition with his or her creditors; or
198 Section 73 amended (Complaint against licensee)
(1) Replace section 73(2) with:
(2) A person other than a constable may at any time, with the leave of a Licensing
Authority, file a written complaint with that Authority against a licensee.
(2) In section 73(4)(d), after “guilty of”, insert “unsatisfactory conduct or”.
(3) In section 73(4)(d), delete “in the course of the business to which the licence
relates”.
(4) In section 73(6), replace “7 days” with “5 working days”.
199 Section 74 amended (Complaint against certificate holder)
(1) Replace section 74(2) with:
(2) A person other than a constable may at any time, with the leave of a Licensing
Authority, file a written complaint with that Authority against a certificate
holder.
(2) In section 74(4)(d), after “guilty of”, insert “unsatisfactory conduct or”.
(3) In section 74(4)(d), delete “in the course of being a responsible employee”.Part 1 s 194 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
82(4) In section 74(6), replace “7 days” with “5 working days”.
200 Section 75 amended (Licensing Authority may refer matter to Police or to
Complaints, Investigation, and Prosecution Unit)
Replace section 75(2) with:
(2) In any other case where a Licensing Authority suspects on reasonable grounds
that there may be any grounds for complaint against a licensee or certificate
holder, the Authority may —
(a) send a copy of the complaint to the Commissioner of Police and request
the Commissioner to cause a report on the complaint to be prepared by
the Police for the Authority; or
(b) send a copy of the complaint to the person in charge of the Complaints,
Investigation, and Prosecution Unit and request the chief investigator to
cause a report on the complaint to be prepared for the Authority.
201 Section 76 amended (Suspension of licence or certificate of approval
pending determination of complaint)
Replace section 76(5) with:
(5) As soon as practicable after the notification under subsection (4), a Licensing
Authority must give the licensee or certificate holder an opportunity to make
representations to the Authority for the revocation of the order.
202 Section 77 amended (Hearing)
(1) In section 77(4), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
(2) After section 77(7), insert:
(8) Despite anything in this Act to the contrary, a Licensing Authority may deter-
mine a complaint on the papers if he or she considers it appropriate.
(9) Before doing so, he or she must give the parties a reasonable opportunity to
comment on whether the complaint should be dealt with in that manner.
203 New sections 77A to 77C inserted
After section 77, insert:
77A Procedure
(1) A Licensing Authority may regulate his or her procedures as he or she sees fit,
subject to —
(a) this Act and any regulations made under it; and
(b) any practice notes issued under section 96A.
(2) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if a Licensing Authority considers it
appropriate and the necessary facilities are available.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 203
8377B Suppression orders
(1) A Licensing Authority may order that any part of any evidence given or the
name of any witness not be published.
(2) An order may be subject to any conditions that a Licensing Authority considers
appropriate.
(3) A person who breaches an order made under this section is liable on conviction
to a fine not exceeding $3,000.
77C Contempt of Licensing Authority
(1) A person commits an offence if the person —
(a) wilfully insults or obstructs a Licensing Authority, a witness, or an offi-
cer of an Authority during a sitting of an Authority or while an Author-
ity, a witness, or an officer is going to, or returning from, a sitting of an
Authority; or
(b) wilfully insults or obstructs any person in attendance at a sitting of an
Authority; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of an Authority;
or
(d) wilfully and without lawful excuse disobeys any order or direction of an
Authority in the course of the hearing of any proceedings.
(2) A person who commits an offence against subsection (1) is liable on conviction
to a fine not exceeding $1,000.
(3) A Licensing Authority may order the exclusion from a sitting of that Authority
of any person whose behaviour, in the opinion of the Authority, constitutes an
offence against subsection (1), whether or not the person is charged with the
offence; and any officer of the Authority or constable may take any steps that
are reasonably necessary to enforce the exclusion.
204 Section 78 amended (Disciplinary powers of Licensing Authority in respect
of licensee)
(1) In section 78(1), replace “the Licensing Authority is satisfied ” with “a Licens-
ing Authority is satisfied”.
(2) After section 78(1), insert:
(1A) If unsatisfactory conduct is proved, a Licensing Authority —
(a) must not take action under subsection (1) in relation to that conduct; but
(b) may take action under subsection (1B).
(1B) If, after a hearing in accordance with section 77, a Licensing Authority is satis-
fied that unsatisfactory conduct has been proved on the complaint or under sec-
tion 77(1)(b), as the case may be, the Authority may do all or any of the fol-
lowing things that may be appropriate:Part 1 s 204 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
84(a) order that the licensee undergo training:
(b) order that the licensee work under supervision for a period that the
Authority specifies in the order:
(c) order that the licensee work subject to conditions and for a period that
the Authority specifies in the order:
(d) reprimand the licensee:
(e) order that the licensee apologise to the complainant.
205 Section 79 amended (Mandatory grounds for cancellation of licence)
Replace section 79(1)(a) and (b) with:
(a) a Licensing Authority is satisfied that 1 or more grounds for disqualifi-
cation under section 62 or 63 apply to the licensee and the Authority is
satisfied that, because of this, the licensee is not suitable to hold a
licence; or
(b) a Licensing Authority is satisfied that the licence was issued by mistake
or by reason of fraud on the part of the applicant for the licence.
206 Section 80 amended (Discretionary grounds for cancellation of licence)
After section 80(1)(a), insert:
(aa) the Licensing Authority determines that a person specified in subsection
(2) is no longer suitable to carry on the class of business to which the
licence relates because of the person’s character, circumstances, or back-
ground:
207 Section 81 amended (Disciplinary powers of Licensing Authority in respect
of holder of certificate of approval)
(1) In section 81(1), replace “the Licensing Authority is satisfied ” with “a Licens-
ing Authority is satisfied”.
(2) After section 81(1), insert:
(1A) If unsatisfactory conduct is proved, a Licensing Authority —
(a) must not take action under subsection (1) in relation to that conduct; but
(b) may take action under subsection (1B).
(1B) If, after a hearing in accordance with section 77, a Licensing Authority is satis-
fied that unsatisfactory conduct has been proved on the complaint or under sec-
tion 77(1)(b), as the case may be, the Authority may do all or any of the fol-
lowing things that may be appropriate:
(a) order that the certificate holder undergo training:
(b) order that the certificate holder work under supervision for a period that
the Authority specifies in the order:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 207
85(c) order that the certificate holder work subject to conditions and for a
period that the Authority specifies in the order:
(d) reprimand the certificate holder:
(e) order that the certificate holder apologise to the complainant.
208 Section 82 amended (Mandatory grounds for cancellation of certificate of
approval)
Replace section 82(a) with:
(a) a Licensing Authority is satisfied that 1 or more grounds of disqualifica-
tion under section 62 apply to the certificate holder and the Authority is
satisfied that, because of this, the certificate holder is not suitable to hold
a certificate; or
209 Section 83 amended (Discretionary grounds for cancellation of certificate)
(1) In section 83, replace “licence” with “certificate of approval”.
(2) After section 83(1)(a), insert:
(ab) the Licensing Authority determines that the certificate holder is no
longer suitable to carry on the class of business to which the certificate
relates because of the person’s character, circumstances, or background:
210 Section 85 amended (Cancelled and suspended licences and certificates of
approval must be returned to Licensing Authority)
In section 85(1), replace “7 days” with “5 working days”.
211 Section 87 amended (Private Security Personnel Licensing Authority)
In section 87(1) , replace “a person to be the Private Security Personnel Licens-
ing Authority ” with “1 or more persons to be Private Security Personnel
Licensing Authorities, and may give the Authorities distinctive designations
and change any designation”.
212 New section 88A inserted (Orderly and efficient operation)
After section 88, insert:
88A Orderly and efficient operation
(1) A Licensing Authority is responsible for making any arrangements that are
practicable to ensure that he or she and any Deputy Licensing Authority per-
forms his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(2) If more than 1 Authority is appointed, they must act together in making those
arrangements for any Deputy Licensing Authority.Part 1 s 208 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
86213 Section 89 amended (Qualifications of Licensing Authority)
In section 89(1), after “may hold office as”, insert “a”.
214 Section 90 amended (Term of office of Licensing Authority)
(1) In section 90(1)(a), replace “3 years” with “up to 5 years”.
(2) After section 90(3), insert:
(4) A Licensing Authority continues in office despite the expiry of his or her term
of office until —
(a) the Authority is reappointed; or
(b) the Authority’s successor is appointed; or
(c) the Authority is notified that a replacement Licensing Authority will not
be appointed; or
(d) the Authority vacates or is removed from office.
(5) A Licensing Authority who continues in office for any period under subsection
(4), unless he or she was removed from office, may act as a Licensing Author-
ity during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by him or her before
the expiry of his or her term of office:
(b) hearing any other proceedings.
(6) A Licensing Authority who has resigned, or whose successor is appointed or
who will not be replaced (unless he or she was removed from office), may con-
tinue in office for the purpose of completing any proceedings that are partly or
wholly heard.
215 Section 91 amended (Deputy Private Security Personnel Licensing
Authority)
(1) Replace section 91(1)(a) and (b) with:
(a) 1 or more of the Licensing Authorities are unable, because of absence
(for any reason) of 1 or more of them, to perform the functions of office;
or
(b) the amount of work to be done by the Licensing Authorities is more than
can be reasonably done by the existing Licensing Authorities at that
time.
(2) In section 91(2), after “holding office as”, insert “a”.
(3) In section 91(3), after “Minister” , insert “and may be reappointed for further
fixed terms”.
(4) After section 91(3), insert:
(3A) A Deputy Licensing Authority may at any time resign from office by notice in
writing to the responsible Minister.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 215
87(3B) The Governor-General may, on the recommendation of the responsible Minis-
ter, at any time remove a Deputy Licensing Authority for inability to perform
the functions of office, bankruptcy, neglect of duty, or misconduct, and the per-
son removed is not entitled to compensation.
(3C) A Deputy Licensing Authority continues in office despite the expiry of his or
her term of office until —
(a) he or she is reappointed; or
(b) his or her successor is appointed; or
(c) he or she is notified that a replacement Licensing Authority will not be
appointed; or
(d) he or she vacates or is removed from office.
(3D) A Deputy Licensing Authority who continues in office for any period under
subsection (3C), unless he or she was removed from office, may act as a
Deputy Licensing Authority during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by him or her before
the expiry of his or her term of office:
(b) hearing any other proceedings.
(3E) A Deputy Licensing Authority who has resigned, or whose successor is appoin-
ted or who will not be replaced (unless he or she was removed from office),
may continue in office for the purpose of completing any proceedings that are
partly or wholly heard.
(5) Repeal section 91(5).
(6) In section 91(7), after “when acting as”, insert “a”.
216 Section 92 amended (Remuneration, and status under certain Acts)
In section 92(1), replace “the Licensing Authority ” with “each Licensing
Authority”.
217 Section 93 amended (Licensing Authority to be Commission of Inquiry for
certain purposes)
Replace section 93(1) with:
(1) Where under this Act a Licensing Authority has the function of hearing or
determining any matter, that Authority has the same powers as are conferred on
a Commission of Inquiry by sections 19, 20, 23, 27, 28, and 34 of the Inquiries
Act 2013 in respect of an inquiry under that Act.
218 New section 96A inserted (Practice notes)
After section 96, insert:Part 1 s 216 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
8896A Practice notes
(1) All Licensing Authorities acting together may issue practice notes, to apply to
all of them, as they think fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of a Deputy Licensing Authority, offi-
cers of a Licensing Authority, and parties before a Licensing Authority.
219 New sections 96B and 96C inserted
After section 96A, insert:
96B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive:
(a) information about the purpose of the Licensing Authorities and how to
make an application or a complaint:
(b) any requirements that must be met for an application or a complaint:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
96C Online publication of final written decisions
(1) Every final written decision of a Licensing Authority must be published on an
Internet site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 77B.
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, a Licensing Authority nevertheless determines that the decision
or any part of it should not be published because publication or the effect
of publication would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in a Licensing
Authority and is any of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 219
89(c) an oral decision transcribed by an official transcription service.
220 Section 97 amended (Registers)
(1) In section 97(1), replace “The Licensing Authority ” with “All Licensing
Authorities acting together”.
(2) In section 97(4), replace “The Licensing Authority ” with “All Licensing
Authorities acting together”.
221 Section 98 amended (Inspection of registers)
In section 98(1), replace “The Licensing Authority ” with “All Licensing
Authorities acting together”.
222 Section 102 amended (Appeals to District Court)
In section 102(2), replace “28 days” with “20 working days”.
223 Section 111 replaced (Lost licences and certificates of approval)
Replace section 111 with:
111 Lost licences and certificates of approval
If a Licensing Authority is satisfied that a holder of a licence or certificate of
approval has lost his or her licence or certificate of approval, the Authority may
issue to the holder a substitute licence or certificate of approval —
(a) on payment of the prescribed fee (if any); and
(b) on receipt of a photograph of the holder that, in the opinion of the
Authority, complies with the requirements (if any) of any regulations
made under this Act.
224 Section 112 amended (Voluntary surrender of licence or certificate of
approval)
In section 112(3), replace “7 days” with “5 working days”.
225 Section 114 amended (Regulations)
Repeal section 114(1)(a).
226 New section 114A inserted (Chief executive may approve forms)
After section 114, insert:
114A Chief executive may approve forms
(1) The chief executive may approve and issue forms that the chief executive con-
siders necessary for the purposes of this Act, not being forms required to be
prescribed by regulations or rules made under this Act.
(2) Without limiting subsection (1), —Part 1 s 220 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
90(a) more than 1 form may be approved and issued in relation to the same
matter; and
(b) a form may be described by any name that the chief executive considers
appropriate, even if the form relates to a matter that is described by a dif-
ferent name under this Act, so long as the form refers to the appropriate
provision of this Act.
(3) Every document purporting to be a form approved and issued by the chief
executive under and for the purposes of this Act is deemed to have been so
approved and issued unless the chief executive otherwise certifies.
227 Section 117 replaced (Photographs)
Replace section 117 with:
117 Photographs
If under this Act any photograph is to be submitted to a Licensing Authority,
the Authority may require that the photograph comply with the requirements of
any regulations made under this Act.
228 Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 6.
Subpart 16—Amendments to Real Estate Agents Act 2008
229 Principal Act
This subpart amends the Real Estate Agents Act 2008 (the principal Act ).
230 Section 24 amended (Payment of fees, levies, and fines)
In section 24(1), after “the Authority ”, insert “, except fees paid under regula-
tions made under section 156(1)(g), which must be paid to the Ministry of Just-
ice”.
231 Section 74 amended (Complaints about licensees)
Replace section 74(2) with:
(2) When the Authority receives a complaint under this section, the Authority
must —
(a) refer the complaint to the Registrar of the register of licensees, who must
consider whether to deal with the complaint under subsection (3); and
(b) if the Registrar decides not to deal with the complaint under that subsec-
tion, refer the complaint to a Committee for determination and notify the
person complained about of the reference.
(3) The Registrar may determine that —Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 231
91(a) the complaint discloses only an inconsequential matter, and for that rea-
son need not be pursued:
(b) the complaint is frivolous or vexatious or not made in good faith, and for
that reason need not be pursued:
(c) the complaint should be referred to another agency, and refer it accord-
ingly:
(d) the complaint has been resolved to the complainant’s satisfaction and no
further action is needed.
232 Section 79 amended (Procedure on receipt of complaint)
In section 79(2)(c), replace “and not made in good faith ” with “or not made in
good faith”.
233 Section 93 amended (Power of Committee to make orders)
(1) In section 93(1)(h), after “his or her”, insert “or its”.
(2) After section 93(1)(h), insert:
(ha) if the Committee is satisfied that the unsatisfactory conduct involves
more than a minor or technical breach of this Act or of any regulations
or rules made under this Act, make an order referring the matter to the
Disciplinary Tribunal for the Tribunal to consider whether to make a
compensation order under section 110(5):
234 Section 100 amended (Real Estate Agents Disciplinary Tribunal
established)
(1) In section 100(2)(a), replace “chair” with “chairperson”.
(2) In section 100(2)(b), replace “up to 5” with “at least 3”.
235 Section 101 amended (Constitution of Tribunal for hearings)
Replace section 101(a) with:
(a) the chairperson of the Tribunal, or, if he or she is absent from duty for
any reason, the deputy chairperson of the Tribunal; and
236 Section 102 amended (Functions of Tribunal)
After section 102(d), insert:
(e) any other functions conferred by this Act.
237 Section 105 amended (Proceeding before Tribunal)
In section 105(2) , replace “and to this Act and any regulations made under this
Act”  with “, this Act, any regulations made under this Act, and any practice
notes issued under section 115A”.Part 1 s 232 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
92238 Section 107 amended (Hearings to be in public)
(1) Replace the heading to section 107 with “ Hearings ”.
(2) After section 107(4), insert:
(5) The hearing of a matter, or any part of it, may be conducted by telephone,
audiovisual link, or other remote access facility if the chairperson or the Tribu-
nal considers it appropriate and the necessary facilities are available.
239 New section 107A inserted (Hearing on papers)
After section 107, insert:
107A Hearing on papers
(1) Despite anything in this Act to the contrary, the Disciplinary Tribunal may
determine a proceeding on the papers if the Tribunal considers it appropriate.
(2) Before doing so, the Tribunal must give the parties a reasonable opportunity to
comment on whether the proceeding should be dealt with in that manner.
240 Section 108 amended (Restrictions on publication)
After section 108(3), insert:
(4) A person who breaches an order made under this section is liable on conviction
to a fine not exceeding $3,000.
241 Section 109 amended (Evidence)
In section 109(1), replace “matter” with “thing” in each place.
242 New section 109A inserted (Disciplinary Tribunal may strike out,
determine, or adjourn proceeding)
After section 109, insert:
109A Disciplinary Tribunal may strike out, determine, or adjourn proceeding
(1) The Disciplinary Tribunal may strike out, in whole or in part, a proceeding if
satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, the
Disciplinary Tribunal may, —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 242
93243 Section 110 amended (Determination of charges and orders that may be
made if charge proved)
(1) In section 110(2)(a), after “section 93 ”, insert “(except under section
93(1)(ha))”.
(2) In section 110(2)(g), after “misconduct” , insert “and the order is one that a
court of competent jurisdiction could make in relation to a similar claim in
accordance with principles of law”.
(3) Replace section 110(4) with:
(4) If the Disciplinary Tribunal, after hearing any charge against a licensee, is
satisfied that, although not guilty of misconduct, he or she has engaged in
unsatisfactory conduct, it may do either or both of the following:
(a) make any of the orders that a Complaints Assessment Committee may
make under section 93 (except under section 93(1)(ha)):
(b) if it appears to the Tribunal that any person has suffered loss by reason
of the licensee’s unsatisfactory conduct, make an order that the licensee
pay to that person a sum not exceeding $100,000 by way of compensa-
tion, but only if —
(i) the unsatisfactory conduct is more than a minor or technical
contravention of this Act or of any regulations or rules made
under this Act; and
(ii) the order is one that a court of competent jurisdiction could make
in relation to a similar claim in accordance with principles of law.
(5) If a Complaints Assessment Committee refers a matter to the Tribunal under
section 93(1)(ha) , the Tribunal may, if satisfied that the requirements of subsec-
tion (4)(b) (except paragraph (b)(i)) are met, make a compensation order under
that subsection.
(6) For the purposes of subsection (5), the Disciplinary Tribunal —
(a) must apply, and may not overturn, a Complaints Assessment Committee
determination that there was unsatisfactory conduct involving more than
a minor or technical contravention of this Act or of any regulations or
rules made under this Act; and
(b) must apply, and must not overturn, a Complaints Assessment Committee
determination of any substantive matter in the case; and
(c) has no jurisdiction to inquire into a determination described in paragraph
(a) or (b).
244 New section 110A inserted (Costs)
After section 110, insert:Part 1 s 243 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
94110A Costs
(1) In any proceedings under this Act, the Disciplinary Tribunal may make any
award as to costs that it thinks fit, whether or not it grants any other remedy.
(2) Without limiting the matters that the Disciplinary Tribunal may consider in
determining whether to make an award of costs under this section, the Discip-
linary Tribunal may take into account whether, and to what extent, any party to
the proceedings —
(a) has participated in good faith in the proceedings:
(b) has facilitated or obstructed the process of information gathering by the
Disciplinary Tribunal:
(c) has acted in a manner that facilitated the resolution of the issues that
were the subject of the proceedings.
(3) If a party fails to prosecute any proceedings at the time fixed for a hearing or to
give adequate notice of the abandonment of any proceedings, the Disciplinary
Tribunal, if it considers it proper to do so, may order the party in default to pay
costs to the Crown in a sum that it considers reasonable.
(4) A person to whom costs are awarded under this section, but who has not been
paid in full, may file a copy of the order in the District Court, where it may be
enforced for so much of the amount that is still owing as if it were a judgment
of the District Court.
245 Section 111 amended (Appeal to Tribunal against determination by
Committee)
(1) Replace section 111(1) with:
(1) A person affected by a determination of a Committee may appeal to the Discip-
linary Tribunal against the determination within 20 working days after the day
on which notice of the relevant decision was given under section 81 or 94,
except that no appeal may be made against a determination under section
89(2)(a) that a complaint or an allegation be considered by the Disciplinary Tri-
bunal.
(1A) The Disciplinary Tribunal may accept a late appeal no later than 60 working
days after the day on which notice was given to the appellant if it is satisfied
that exceptional circumstances prevented the appeal from being made in time.
(2) After section 111(2)(a), insert:
(ab) the prescribed fee, if any; and
246 Section 112 amended (Application to Tribunal to review determination by
Registrar)
After section 112(2)(a), insert:
(ab) the prescribed fee, if any; andReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 246
95247 New section 115A inserted (Practice notes)
After section 115, insert:
115A Practice notes
(1) The chairperson of the Disciplinary Tribunal may issue practice notes as he or
she thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of the members of the Disciplinary Tri-
bunal, officers of the Disciplinary Tribunal, and parties before the Tribunal.
248 New section 115B inserted (Online publication of information about
procedures, time frames, and progress of decisions)
After section 115A, insert:
115B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Disciplinary Tribunal and how to
commence a proceeding:
(b) any requirements that must be met to bring a proceeding:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
249 New section 116A inserted (Time for appeal to High Court)
After section 116, insert:
116A Time for appeal to High Court
(1) An appeal to the High Court must, subject to subsection (2), be made in the
prescribed manner to the court within 20 working days after the day on which
notice of the relevant decision is given to the appellant.
(2) The court may accept a late appeal no later than 60 working days after the day
on which notice was given to the appellant if the court is satisfied that excep-
tional circumstances prevented the appeal from being made in time.
250 New section 120A inserted (Time for appeal to Court of Appeal)
After section 120, insert:
120A Time for appeal to Court of Appeal
(1) An appeal to the Court of Appeal must, subject to subsection (2), be made in
the prescribed manner to the court within 20 working days after the day on
which notice of the relevant decision is given to the appellant.Part 1 s 247 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
96(2) The court may accept a late appeal no later than 60 working days after the day
on which notice was given to the appellant if the court is satisfied that excep-
tional circumstances prevented the appeal from being made in time.
(3) In deciding whether to accept a late appeal, the court must have regard to
whether the appellant made a late appeal against the original decision, and the
appellant’s reasons for that late appeal.
251 New sections 153A and 153B and cross-heading inserted
After section 153, insert:
Offences relating to witness summonses and contempt of Tribunal
153A Offence to fail to comply with summons
(1) A person commits an offence who, after being summoned to attend to give evi-
dence before the Tribunal or to produce to it any document, information, or
thing, without sufficient cause —
(a) fails to attend in accordance with the summons; or
(b) refuses to be sworn or to give evidence, or having been sworn refuses to
answer any question that the person is lawfully required by the Tribunal
or any member of it to answer; or
(c) fails to produce any such document, information, or thing.
(2) A person commits an offence who —
(a) wilfully obstructs or hinders the Tribunal or any member of it in any
inspection or examination of any document, information, or thing; or
(b) without sufficient cause, fails to comply with any requirement of the Tri-
bunal.
(3) A person who commits an offence against this section is liable on conviction to
a fine not exceeding $1,000.
(4) No person summoned to attend the hearing may be convicted of an offence
against subsection (1) unless at the time of the service of the summons, or at
some other reasonable time before the date on which that person was required
to attend, there was made to that person a payment or tender of the amount
fixed in accordance with clause 7 of Schedule 1.
153B Contempt of Tribunal
(1) A person commits an offence who —
(a) wilfully insults or obstructs the Tribunal or any member of it, a witness,
or an officer of the Tribunal during a sitting of the Tribunal or while a
member, a witness, or an officer is going to, or returning from, a sitting
of the Tribunal; orReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 251
97(b) wilfully insults or obstructs any person in attendance at a sitting of the
Tribunal; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of the Tribunal;
or
(d) wilfully and without lawful excuse disobeys any order or direction of the
Tribunal in the course of the hearing of any proceedings.
(2) A person who commits an offence against subsection (1) is liable on conviction
to a fine not exceeding $1,000.
(3) The Tribunal may order the exclusion from a sitting of the Tribunal of any per-
son whose behaviour, in the opinion of the Tribunal, constitutes an offence
against subsection (1), whether or not the person is charged with the offence;
and any officer of the Tribunal or constable may take any steps that are reason-
ably necessary to enforce the exclusion.
252 Section 154 amended (Service of notice and documents)
(1) After section 154(1)(c), insert:
(ca) it is transmitted to an electronic address or a fax number provided by the
person; or
(2) In section 154(4), replace “given or served on the addressee at the time when
the letter would have been delivered in the ordinary course of the post ” with
“served 5 working days after it was posted”.
(3) After section 154(4), insert:
(4A) If a notice or any other communication is served in electronic form under sub-
section (1)(ca), then, unless the contrary is shown, —
(a) the notice or any other communication is served at the time the elec-
tronic communication containing the notice or communication first
enters an information system outside the control of its originator; and
(b) in proving service, it is sufficient to prove that the electronic communi-
cation was properly addressed and sent.
(4B) In this section, information system  means a system for producing, sending,
receiving, storing, displaying, or otherwise processing electronic communica-
tions.
253 Section 156 amended (Regulations)
In section 156(1)(g), after “Disciplinary Tribunal ”, insert “, or prescribing any
fees in relation to the functions of the Disciplinary Tribunal”.
254 Schedule 1 amended
(1) In Schedule 1, clause 2(1), replace “not exceeding 3 years ” with “of up to 5
years”.
(2) In Schedule 1, after clause 2(3), insert:Part 1 s 252 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
98(4) A member of the Tribunal who continues in office for any period under sub-
clause (3) may act as a member during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(5) A member of the Tribunal who has resigned, or whose successor is appointed
or who will not be replaced (unless he or she was removed from office), may
continue in office for the purpose of completing any proceedings that are partly
or wholly heard.
(3) In Schedule 1, after clause 3, insert:
3A Appointment of temporary acting chairperson, deputy chairperson, or
member
(1) If the chairperson, the deputy chairperson, or a member of the Tribunal
becomes incapable of acting by reason of illness, absence, or other sufficient
cause, or if the chairperson, the deputy chairperson, or a member considers it is
not proper or not desirable that he or she should adjudicate on a specified
matter, the Minister may appoint a suitable person as the acting chairperson,
the acting deputy chairperson, or an acting member for the period or purpose
stated in the appointment.
(2) No person may be appointed as the acting chairperson, the acting deputy chair-
person, or an acting member unless he or she is eligible for appointment to the
relevant position.
(3) The acting chairperson, the acting deputy chairperson, or an acting member is,
while acting in that position, to be treated as the chairperson, the deputy chair-
person, or a member of the Tribunal.
(4) No appointment of an acting chairperson, acting deputy chairperson, or acting
member, no act done by an acting chairperson, acting deputy chairperson, or
acting member, and no act done by the Tribunal may be questioned in any pro-
ceedings on the ground that the occasion for the appointment had not arisen or
had ceased.
(4) In Schedule 1, clause 4, replace “chair” with “chairperson” in each place.
(5) In Schedule 1, clause 6(1) , after “its own initiative ”, insert “or at the request of
a party”.
(6) In Schedule 1, clause 6(2), replace “the prescribed form ” with “a form
approved by the chief executive of the Ministry of Justice after consultation
with the chairperson of the Tribunal”.
(7) In Schedule 1, clause 6(2), replace “books, papers, documents, records, or
things” with “document, information, or thing”.
(8) In Schedule 1, replace clause 6(3) with:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 254
99(3) The power to issue a witness summons may be exercised by the Tribunal, the
chairperson, or the deputy chairperson, or by any officer of the Tribunal pur-
porting to act by the direction or with the authority of the Tribunal, the chair-
person, or the deputy chairperson.
(9) In Schedule 1, clause 9(c), replace “papers, documents, records, or things” with
“any document, information, or thing”.
Subpart 17—Amendments to Residential Tenancies Act 1986
255 Principal Act
This subpart amends the Residential Tenancies Act 1986 (the principal Act ).
256 New section 67A inserted (Appointment of temporary acting Principal
Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy
Adjudicator)
After section 67, insert:
67A Appointment of temporary acting Principal Tenancy Adjudicator, Deputy
Principal Tenancy Adjudicator, or Tenancy Adjudicator
(1) If the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudica-
tor, or a Tenancy Adjudicator becomes incapable of acting by reason of illness,
absence, or other sufficient cause, or if the Principal Tenancy Adjudicator, the
Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator considers it is
not proper or not desirable that he or she should adjudicate on a specified
matter, the Governor-General, on the joint recommendation of the Minister and
the Minister of Justice, may appoint a suitable person as the acting Principal
Tenancy Adjudicator, the acting Deputy Principal Tenancy Adjudicator, or an
acting Tenancy Adjudicator for the period or purpose stated in the appointment.
(2) No person may be appointed as an acting Principal Tenancy Adjudicator, acting
Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator unless
he or she is eligible for appointment to the relevant position.
(3) An acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy
Adjudicator, or acting Tenancy Adjudicator is, while acting in that position, to
be treated as the Principal Tenancy Adjudicator, the Deputy Principal Tenancy
Adjudicator, or a Tenancy Adjudicator.
(4) No appointment of an acting Principal Tenancy Adjudicator, acting Deputy
Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, no act done by
an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy
Adjudicator, or acting Tenancy Adjudicator, and no act done by the Tenancy
Tribunal may be questioned in any proceedings on the ground that the occasion
for the appointment had not arisen or had ceased.Part 1 s 255 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
100257 Section 68 amended (Term of office of Tenancy Adjudicators)
(1) In section 68(1), replace “shall be appointed for a term not exceeding 3 years ”
with “must be appointed for a term of up to 5 years”.
(2) After section 68(1), insert:
(1A) A person appointed under subsection (1) may be reappointed.
(3) Replace section 68(6) with:
(6) A Tenancy Adjudicator who continues in office for any period under subsec-
tion (5) may act as an Adjudicator during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(7) A Tenancy Adjudicator who has resigned, or whose successor is appointed or
who will not be replaced (unless he or she was removed from office), may con-
tinue in office for the purpose of completing any proceedings that are partly or
wholly heard.
(8) In this section, Tenancy Adjudicator  includes the Principal Tenancy Adjudi-
cator and the Deputy Principal Tenancy Adjudicator.
258 New section 71A inserted (Delegation by Principal Tenancy Adjudicator)
After section 71, insert:
71A Delegation by Principal Tenancy Adjudicator
(1) The Principal Tenancy Adjudicator may delegate any of his or her functions,
duties, and powers to another Tenancy Adjudicator (including the Deputy Prin-
cipal Tenancy Adjudicator) who holds the qualification described in section
67(2)(a) and who the Principal Tenancy Adjudicator is satisfied has the neces-
sary capability, skills, and experience to perform or exercise those functions,
duties, and powers.
(2) A delegation —
(a) must be in writing; and
(b) must be to a named person; and
(c) is revocable at any time, in writing; and
(d) does not prevent the performance or exercise of a function, duty, or
power by the Principal Tenancy Adjudicator.
(3) A person to whom any functions, duties, or powers are delegated may perform
or exercise them in the same manner and with the same effect as if they had
been conferred directly by this Act and not by delegation.
(4) A person who appears to act under a delegation is presumed to be acting in
accordance with its terms in the absence of evidence to the contrary.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 258
101(5) A person to whom any functions, duties, or powers are delegated must be paid
remuneration and expenses (if any) determined in accordance with section
69(1) for work undertaken in that capacity.
259 Section 88 amended (Functions of Tenancy Mediators)
(1) In section 88(5), after “Tenancy Adjudicator”, insert “or Registrar”.
(2) In section 88(5A), after “Tenancy Adjudicator”, insert “or Registrar”.
(3) In section 88(5A), after “subsection (6)”, insert “or (6A)”.
(4) After section 88(6), insert:
(6A) Where a Registrar to whom an order has been referred for sealing considers
that the order is outside the powers of the Tenancy Mediator to make, the
Registrar must, instead of sealing the copy of the order, decline to seal the
order and refer the order to a Tenancy Adjudicator for consideration.
(6B) If an order is referred to a Tenancy Adjudicator under subsection (6A), he or
she must treat the order as if it had been referred directly to him or her under
subsection (5).
260 New section 92A inserted (Tribunal may strike out proceeding)
After section 92, insert:
92A Tribunal may strike out proceeding
The Tribunal may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
261 Section 96 amended (Further provisions relating to procedure generally)
(1) After section 96(3), insert:
(3A) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the Tenancy Adjudicator conduct-
ing the hearing considers it appropriate and the necessary facilities are avail-
able.
(2) In section 96(5), after “and to any directions of the Principal Tenancy Adjudi-
cator”, insert “under section 115”.
262 Section 98 amended (Witness summons)
After section 98(6), insert:
(6A) A witness summons must be in a form approved by the chief executive of the
Ministry of Justice after consulting the Principal Tenancy Adjudicator.Part 1 s 259 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
102263 Section 106 amended (Enforcement of possession orders)
(1) In section 106(1), replace “warrant for the recovery of the premises ” with
“warrant for the recovery of land”.
(2) In section 106(2), replace “section 139(1)” with “section 138(1)”.
264 New section 111A inserted (Offence of breaching suppression order)
After section 111, insert:
111A Offence of breaching suppression order
A person who breaches an order made under section 95(3) is liable on convic-
tion to a fine not exceeding $3,000.
265 Section 112 amended (Contempt)
(1) In section 112(1)(a), delete “assaults,”.
(2) In section 112(1)(b), delete “assaults,”.
266 New sections 115A and 115B inserted
After section 115, insert:
115A Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Tribunal and how to commence a
proceeding:
(b) any requirements that must be met to bring a proceeding:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
115B Online publication of final written decisions
(1) Every final written decision of the Tribunal must be published on an Internet
site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 95(3).
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 266
103(c) taking into account the presumption in subsection (1) in favour of publi-
cation, the Tribunal nevertheless determines that the decision or any part
of it should not be published because publication or the effect of publica-
tion would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in the Tribunal
and is either of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers.
Subpart 18—Amendments to Sale and Supply of Alcohol Act 2012
267 Principal Act
This subpart amends the Sale and Supply of Alcohol Act 2012 (the principal
Act).
268 New sections 179A and 179B inserted
After section 179, insert:
179A Appointment of temporary acting chairperson, deputy chairperson, or
member
(1) If the chairperson, a deputy chairperson, or a member of the licensing authority
becomes incapable of acting by reason of illness, absence, or other sufficient
cause, or if the chairperson, a deputy chairperson, or a member of the licensing
authority considers it is not proper or not desirable that he or she should adjudi-
cate on a specified matter, the Governor-General, on the recommendation of
the Minister, may appoint a suitable person as the acting chairperson, an acting
deputy chairperson, or an acting member for the period or purpose stated in the
appointment.
(2) No person may be appointed as the acting chairperson, an acting deputy chair-
person, or an acting member unless he or she is eligible for appointment to the
relevant position.
(3) An acting chairperson, acting deputy chairperson, or acting member is, while
acting in the position, to be treated as the chairperson, a deputy chairperson, or
a member of the licensing authority.
(4) No appointment of an acting chairperson, acting deputy chairperson, or acting
member, no act done by an acting chairperson, acting deputy chairperson, or
acting member, and no act done by the licensing authority may be questioned
in any proceedings on the ground that the occasion for the appointment had not
arisen or had ceased.Part 1 s 267 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
104179B Orderly and efficient operation
The chairperson of the licensing authority is responsible for making any
arrangements that are practicable to ensure that he or she and each member per-
form their functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
269 Section 181 amended (Term of office of members)
(1) In section 181(1), after “5 years ”, insert “and may be reappointed for further
terms of up to 5 years”.
(2) Replace section 181(2) and (3) with:
(2) A member continues in office despite the expiry of his or her term of office
until—
(a) the member is reappointed; or
(b) the member’s successor is appointed; or
(c) the member is notified that a replacement member will not be appointed;
or
(d) the member vacates or is removed from office.
(3) A member who continues in office for any period under subsection (2), unless
he or she was removed from office, may act as a member during that period for
the purpose of —
(a) completing any proceedings partly or wholly heard by the licensing
authority before the expiry of his or her term of office:
(b) hearing any other proceedings.
(4) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
270 Section 202 amended (Procedure)
After section 202(4), insert:
(5) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the licensing authority or the
chairperson considers it appropriate and the necessary facilities are available.
271 New section 211A inserted (Contempt of licensing authority)
After section 211, insert:
211A Contempt of licensing authority
(1) A person commits an offence if the person —Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 271
105(a) wilfully insults or obstructs the licensing authority or any member of it,
a witness, or an officer of the licensing authority during a sitting of the
licensing authority or while a member, a witness, or an officer is going
to, or returning from, a sitting of the licensing authority; or
(b) wilfully insults or obstructs any person in attendance at a sitting of the
licensing authority; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of the licensing
authority; or
(d) wilfully and without lawful excuse disobeys any order or direction of the
licensing authority in the course of the hearing of any proceedings.
(2) A person who commits an offence against subsection (1) is liable on conviction
to a fine not exceeding $1,000.
(3) The licensing authority may order the exclusion from a sitting of the licensing
authority of any person whose behaviour, in the opinion of the licensing
authority, constitutes an offence against subsection (1), whether or not the per-
son is charged with the offence; and any officer of the licensing authority or
constable may take any steps that are reasonably necessary to enforce the
exclusion.
272 Section 280 amended (Variation, suspension, or cancellation of licences
other than special licences)
Replace section 280(2)(a) with:
(a) be in a form approved by the chief executive after consultation with the
chairperson of the licensing authority and be made in the prescribed
manner; and
273 Section 285 amended (Suspension or cancellation of manager’s
certificates)
Replace section 285(2)(a) with:
(a) be in a form approved by the chief executive after consultation with the
chairperson of the licensing authority and be made in the prescribed
manner; and
Subpart 19—Amendments to Secondhand Dealers and Pawnbrokers Act
2004
274 Principal Act
This subpart amends the Secondhand Dealers and Pawnbrokers Act 2004 (the
principal Act ).
275 Section 4 amended (Interpretation)
In section 4, replace the definition of Licensing Authority  with:Part 1 s 272 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
106Licensing Authority  or Authority  means a Licensing Authority of second-
hand dealers and pawnbrokers appointed under section 70 and includes a
Deputy Licensing Authority appointed under section 71, and the terms Licens-
ing Authorities , Authorities , and Deputy Licensing Authorities  have corres-
ponding meanings
276 Section 8 amended (Application for licence)
(1) In section 8(2)(a), replace “Licensing Authority ” with “chief executive of the
Ministry of Justice after consultation with all Licensing Authorities”.
(2) Repeal section 8(2)(b).
(3) In section 8(2)(c), replace “the” with “any”.
(4) In section 8(3), replace “2 photographs” with “a photograph”.
277 Section 10 amended (Issue of licence: company applicant)
After section 10(4), insert:
(5) Despite subsection (3)(a), if the relevant conviction is for a minor offence, a
Licensing Authority may waive the company’s disqualification and issue a
licence to the company if the Authority is satisfied, on the basis of written
material before him or her, that there are special reasons why the company
should not be disqualified taking into account —
(a) the character, circumstances, and background of every person concerned
in the management of the company; and
(b) the nature of the offence.
(6) In this section, minor offence  means an offence that is, or the consequences of
which are, minor in nature.
278 Section 15 amended (Expiry and renewal of licences)
In section 15(6), replace “to the Licensing Authority ” with “to a Licensing
Authority”.
279 Section 16 amended (Cancellation of licences)
(1) In the heading to section 16, after “ Cancellation ”, insert “ or suspension ”.
(2) In section 16(1), after “must cancel”, insert “or suspend”.
(3) After section 16(3), insert:
(3A) If a Licensing Authority suspends a certificate, —
(a) the suspension must be for an initial fixed period of not more than 3
months; and
(b) at the end of that period, the Authority must, if, following the final deter-
mination of the complaint, he or she thinks it is appropriate, —
(i) extend the suspension for a further period specified by the Author-
ity; orReprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 279
107(ii) lift the suspension; or
(iii) cancel the certificate.
(4) In section 16(4),—
(a) after “A cancellation”, insert “or suspension”:
(b) after “the cancellation”, insert “or suspension”.
280 Section 17 amended (Updating licence information)
After section 17(1), insert:
(1A) The advice must be —
(a) in a form approved by the chief executive of the Ministry of Justice after
consultation with all Licensing Authorities; and
(b) accompanied by any prescribed fee.
281 Section 21 amended (Application for certificate)
(1) Replace section 21(1)(a) with:
(a) be made to a Licensing Authority on a form approved by the chief
executive of the Ministry of Justice after consultation with all Licensing
Authorities; and
(2) In section 21(1)(b), replace “2 photographs” with “a photograph”.
(3) Repeal section 21(1)(c).
(4) In section 21(1)(d), replace “the” with “any”.
(5) In section 21(2) , replace “The form approved by the Licensing Authority ” with
“The approved form”.
282 Section 23 amended (Waiver of disqualification)
(1) Replace section 23(1)(c) with:
(c) 1 or both of the following apply to the disqualification:
(i) the disqualification is on the ground set out in section 22(a) and
the relevant conviction is for a minor offence:
(ii) the disqualification is on 1 or more of the grounds set out in sec-
tion 22(b) to (h); and
(2) Replace section 23(1)(d) with:
(d) the Licensing Authority is satisfied, on the basis of written material
before him or her, that there are special reasons why the person should
not be disqualified from holding a certificate taking into account —
(i) the person’s character, circumstances, and background; and
(ii) the nature of any offence relevant to the person’s disqualification.
(3) In section 23(2), replace “or the cancellation of a licence ” with “or the cancel-
lation or suspension of a licence”.Part 1 s 280 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
108(4) After section 23(4), insert:
(5) In this section, minor offence  means an offence that is, or the consequences of
which are, minor in nature.
283 Section 26 amended (What happens if Police object to applicant)
(1) In section 26(1)(a)(i), replace “the prescribed fee (if any)” with “any prescribed
fee”.
(2) In section 26(1)(a)(ii) and (b), replace “3 weeks” with “15 working days”.
(3) In section 26(1)(b), replace “make written submissions to the Licensing
Authority” with “make written submissions to a Licensing Authority”.
(4) In section 26(2)(b), replace “14 days’” with “10 working days’”.
(5) Replace section 26(3) with:
(3) If an applicant sends written submissions to a Licensing Authority, or if a
Licensing Authority has not heard from the applicant within 15 working days
of the date on which the notice of objection was sent, the Authority must, on
the basis of the written material before him or her, determine whether to uphold
or dismiss the Police objection.
(6) After section 26(3), insert:
(4) If the applicant is not disqualified from holding a certificate and does not
request a hearing in person, a Licensing Authority may require the applicant to
attend a hearing in person.
(5) If a Licensing Authority requires a hearing in person, it must —
(a) arrange a time and place for the hearing under section 27; and
(b) give the Commissioner of Police and the applicant at least 10 working
days’ written notice of the hearing.
284 Section 30 amended (Expiry and renewal of certificates)
In section 30(6), replace “to the Licensing Authority ” with “to a Licensing
Authority”.
285 Section 31 amended (Cancellation and suspension of certificates)
In section 31(3), replace “If the Licensing Authority ” with “If a Licensing
Authority”.
286 Section 34 amended (Appeals against decision of Licensing Authority)
In section 34(4), replace “20 days” with “16 working days”.
287 Section 39 amended (Obligation to report and hold stolen goods)
(1) In section 39(1)(b), replace “14 days” with “10 working days”.
(2) In section 39(4), replace “14 days” with “10 working days” in each place.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 287
109288 Section 42 amended (Dealers record)
(1) After section 42(3), insert:
(3A) The dealers record must show the following information with respect to any
functioning motor vehicle acquired by a licensed secondhand dealer in the
course of business as a secondhand dealer:
(a) the identity of the person from whom the vehicle is acquired, which
must include the matters set out in subsection (2)(a):
(b) the name and signature of the person who conducted the transaction on
behalf of the licensed secondhand dealer:
(c) the date of the transaction:
(d) the vehicle’s vehicle identification number (VIN) or chassis number:
(e) the vehicle’s registration number, if available:
(f) any other prescribed information.
(2) After section 42(5), insert:
(6) In this section, functioning motor vehicle  includes —
(a) a motor vehicle that will function if minor repairs are made to it, includ-
ing the replacement or addition of a part:
(b) a motor vehicle that does not comply with any legal requirement that
must be met for it to operate on the road.
289 Section 44 amended (Storage of dealers record)
In section 44(2), replace “article or scrap metal ” with “article, scrap metal, or
functioning motor vehicle” in each place.
290 Section 47 amended (Articles to be kept for 14 days)
(1) In the heading to section 47, replace “ 14 days ” with “ 10 working days ”.
(2) In section 47(1), replace “14 days” with “10 working days”.
(3) In section 47(2), replace “14 days” with “10 working days”.
(4) In section 47(3), replace “14 days” with “10 working days”.
291 Section 70 amended (Appointment of Licensing Authority)
(1) In section 70(1), replace “a Licensing Authority” with “ 1 or more persons to be
Licensing Authorities, and may give the Authorities distinctive designations
and from time to time change any designation”.
(2) In section 70(2)(a) , replace “a fixed term of 3 years or less ” with “ a term of up
to 5 years”.
(3) In section 70(2)(b), replace “any number of times ” with “for further terms of
up to 5 years”.Part 1 s 288 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
110(4) In section 70(2)(c), after “is appointed ”, insert “or he or she is advised that a
replacement Authority will not be appointed”.
(5) After section 70(4), insert:
(5) A Licensing Authority who continues in office for any period under subsection
(2)(c) may act as an Authority during that period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Authority
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(6) A Licensing Authority who has resigned, or whose successor is appointed or
who will not be replaced (unless he or she was removed from office), may con-
tinue in office for the purpose of completing any proceedings that are partly or
wholly heard.
292 Section 71 amended (Deputy Licensing Authorities)
(1) Replace section 71(1)(a) and (b) with:
(a) 1 or more of the Licensing Authorities are unable, because of the
absence (for any reason) of 1 or more of them, to perform the functions
of office; or
(b) the amount of work to be done by the Licensing Authorities is more than
can be reasonably done by the existing Authorities at that time.
(2) Repeal section 71(2).
(3) After section 71(2), insert:
(2A) A Deputy Licensing Authority —
(a) must be appointed for a term of up to 5 years; and
(b) may be reappointed for further terms of up to 5 years; and
(c) remains in office, despite the expiry of his or her term of office, until a
successor is appointed or he or she is advised that a replacement Deputy
Licensing Authority will not be appointed.
(2B) A Deputy Licensing Authority may resign from office by notice in writing to
the Minister of Justice.
(2C) The Minister of Justice may, at any time, remove a Deputy Licensing Authority
for inability to perform the functions of office, bankruptcy, neglect of duty, or
misconduct, and the person removed from office is not entitled to compensa-
tion.
(2D) A Deputy Licensing Authority who continues in office for any period under
subsection (2A)(c) may act as an Authority during that period for the purpose
of—
(a) completing any proceedings partly or wholly heard by the Authority
before the expiry of his or her term of office:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 292
111(b) hearing any other proceedings.
(2E) A Deputy Licensing Authority who has resigned, or whose successor is appoin-
ted or who will not be replaced (unless he or she was removed from office),
may continue in office for the purpose of completing any proceedings that are
partly or wholly heard.
293 Section 72 amended (Remuneration, and status under certain Acts)
Replace section 72(1) with:
(1) All Licensing Authorities and any Deputy Licensing Authority must be paid
fees and expenses in accordance with the framework determined by the Gov-
ernment from time to time for the classification and remuneration of statutory
and other bodies, as if each Licensing Authority were the chairperson of a stat-
utory body and any Deputy Licensing Authority were a member of that body.
294 New sections 74A and 74B inserted
After section 74, insert:
74A Orderly and efficient operation
(1) A Licensing Authority is responsible for making such arrangements as are
practicable to ensure that he or she and any Deputy Licensing Authority per-
forms his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(2) If more than 1 Licensing Authority is appointed, they must act together in mak-
ing those arrangements for any Deputy Licensing Authority.
74B Contempt of Licensing Authority
(1) A person commits an offence if the person —
(a) wilfully insults or obstructs a Licensing Authority or any witness or offi-
cer of a Licensing Authority during a sitting of a Licensing Authority or
while a Licensing Authority, a witness, or an officer is going to, or
returning from, a sitting of a Licensing Authority; or
(b) wilfully insults or obstructs any person in attendance at a sitting of a
Licensing Authority; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of a Licensing
Authority; or
(d) wilfully and without lawful excuse disobeys any order or direction of a
Licensing Authority in the course of the hearing of any proceedings.
(2) A person who commits an offence against subsection (1) is liable on conviction
to a fine not exceeding $1,000.Part 1 s 293 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
112(3) A Licensing Authority may order the exclusion from a sitting of that Authority
of any person whose behaviour, in the opinion of the Licensing Authority, con-
stitutes an offence against subsection (1), whether or not the person is charged
with the offence, and any officer of a Licensing Authority or constable may
take any steps that are reasonably necessary to enforce the exclusion.
295 Section 75 replaced (Administrative support for Licensing Authority)
Replace section 75 with:
75 Administrative support for Licensing Authorities
The responsible Minister must ensure that the department that is authorised to
provide administrative support to the Licensing Authorities provides that sup-
port in a manner that enables each Authority to exercise or perform his or her
powers, duties, and functions efficiently and effectively.
296 New sections 76A to 76C inserted
After section 76, insert:
76A Procedure
(1) A Licensing Authority may regulate his or her procedures as he or she sees fit,
subject to this Act, any regulations made under it, and any practice notes issued
under section 77A.
(2) The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if a Licensing Authority considers it
appropriate and the necessary facilities are available.
76B Hearing on papers
(1) Despite anything in this Act to the contrary, a Licensing Authority may deter-
mine a proceeding on the papers if he or she considers it appropriate.
(2) Before doing so, the Licensing Authority must give the parties a reasonable
opportunity to comment on whether the proceeding should be dealt with in that
manner.
76C Suppression orders
(1) A Licensing Authority may order that any part of any evidence given or the
name of any witness not be published.
(2) An order may be subject to any conditions that the Licensing Authority con-
siders appropriate.
(3) A person who breaches an order made under this section is liable on conviction
to a fine not exceeding $3,000.
297 Section 77 replaced (Annual report)
Replace section 77 with:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 297
11377 Annual report
(1) Within 3 months after the end of every financial year, all Licensing Authorities
acting together must prepare and send to the Minister of Justice a report on the
activities of the Authorities during the previous financial year that contains the
prescribed matters.
(2) The Minister of Justice must present a copy of the report to the House of Rep-
resentatives within 20 sitting days after the date on which the Minister receives
it.
298 New section 77A inserted (Practice notes)
After section 77, insert:
77A Practice notes
(1) All Licensing Authorities acting together may issue practice notes, to apply to
all of them, as they think fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of a Deputy Licensing Authority, offi-
cers of a Licensing Authority, and parties before a Licensing Authority.
299 New sections 77B and 77C inserted
After section 77A, insert:
77B Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Licensing Authorities and how to
make an application or a complaint:
(b) any requirements that must be met for an application or a complaint:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
77C Online publication of final written decisions
(1) Every final written decision of a Licensing Authority must be published on an
Internet site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 76C.
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:Part 1 s 298 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
114(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, a Licensing Authority nevertheless determines that the decision
or any part of it should not be published because publication or the effect
of publication would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in a Licensing
Authority and is either of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers:
(c) an oral decision transcribed by an official transcription service.
300 Section 78 replaced (Public registers of licence holders and of certificate
holders)
Replace section 78 with:
78 Public registers of licence holders and certificate holders
(1) The Licensing Authorities acting together must establish, and must maintain
with up-to-date information, the following 2 registers as public registers:
(a) a licence holders register:
(b) a certificate holders register.
(2) The Licensing Authorities acting together must determine the form of the
registers, and may amend the form from time to time as they consider neces-
sary, providing that the content of the registers is as set out in sections 79 and
80.
301 Section 81 amended (Public access to public registers)
In section 81, replace “The Licensing Authority ” with “All Licensing Author-
ities acting together”.
302 Section 82 amended (Police access to other information held by Licensing
Authority)
In section 82, replace “from the Licensing Authority, the Licensing Authority ”
with “from any Licensing Authority, the relevant Licensing Authority”.
303 Section 84 amended (Regulations)
Replace section 84(f) and (g) with:
(f) prescribing the matters for which fees are payable under this Act and the
amount of those fees:
(fa) providing for the exemption from fees, in whole or in part:Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 303
115(g) prescribing the size or form of the photograph that is required to accom-
pany an application, and prescribing the manner in which it is to be
authenticated:
304 Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 7.
Subpart 20—Amendments to Social Security Act 2018
305 Principal Act
This subpart amends the Social Security Act 2018 (the principal Act ).
306 Section 400 amended (Appeal must be begun within 3 months of
notification or further allowed period)
(1) In the heading to section 400, replace “ 3 months ” with “ 60 working days ”.
(2) In section 400(1)(a), replace “3 months” with “60 working days”.
(3) In section 400(3)(a) and (b), replace “that 3-month period ” with “the period of
60 working days”.
307 Section 403 amended (How to begin, and procedure and powers for,
appeal to authority)
(1) In section 403(b), after “or those regulations, ”, insert “or practice notes issued
under clause 10D of Schedule 8,”.
(2) In section 403, insert as subsection (2):
(2) Forms for use in the authority may be approved by the chief executive of the
Ministry of Justice after consulting the chairperson of the authority.
308 Section 406 amended (Appeal must be begun, and case stated lodged,
within time prescribed or allowed)
(1) In section 406(1)(a) and (2)(a), replace “14 days” with “10 working days”.
(2) In section 406(2)(b), (3), and (5), after “chairperson” , insert “or deputy chair-
person” in each place.
(3) In section 406(3)(a) and (b), replace “that 14-day period ” with “the period of
10 working days”.
309 Schedule 8 amended
(1) In Schedule 8, clause 1(2), replace “3 persons” with “at least 4 persons”.
(2) In Schedule 8, clause 1(3), after “chairperson” , insert “and another member as
the authority’s deputy chairperson”.
(3) In Schedule 8, after clause 1(3), insert:
(4) The deputy chairperson, when acting as the chairperson, has the same responsi-
bilities as the chairperson.Part 1 s 304 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
116(5) The chairperson may delegate a responsibility or function of the chairperson to
the deputy chairperson.
(4) In Schedule 8, clause 2(1)(a) , replace “not exceeding 3 years ” with “of up to 5
years”.
(5) In Schedule 8, replace clause 2(2) with:
(2) A member continues in office despite the expiry of his or her term of office
until—
(a) the member is reappointed; or
(b) the member’s successor is appointed; or
(c) the member is notified that a replacement member will not be appointed;
or
(d) the member vacates or is removed from office.
(3) A member who continues in office for any period under subclause (2), unless
he or she was removed from office, may act as a member during that period for
the purpose of —
(a) completing any appeal partly or wholly heard by the authority before the
expiry of the member’s term of office:
(b) hearing any other appeal.
(4) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any appeal that is partly or wholly heard.
(6) In Schedule 8, replace clause 5 with:
5 Appointment of temporary acting chairperson, deputy chairperson, or
member
(1) If the chairperson, the deputy chairperson, or a member becomes incapable of
acting by reason of illness, absence, or other sufficient cause, or if the chair-
person, the deputy chairperson, or a member considers it is not proper or not
desirable that he or she should adjudicate on a specified matter, the Governor-
General, on the recommendation of the Minister after consultation with the
Minister of Justice, may appoint a suitable person as the acting chairperson, the
acting deputy chairperson, or an acting member for the period or purpose stated
in the appointment.
(2) No person may be appointed as the acting chairperson, the acting deputy chair-
person, or an acting member unless he or she is eligible for appointment to the
relevant position.
(3) The acting chairperson, acting deputy chairperson, or acting member is, while
acting in that position, to be treated as the chairperson, deputy chairperson, or
member of the authority.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 309
117(4) No appointment of an acting chairperson, acting deputy chairperson, or acting
member, no act done by an acting chairperson, acting deputy chairperson, or
acting member, and no act done by the authority may be questioned in any pro-
ceedings on the ground that the occasion for the appointment had not arisen or
had ceased.
5A Orderly and efficient operation
The chairperson of the authority is responsible for making any arrangements as
are practicable to ensure that he or she and each member perform their func-
tions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(7) In Schedule 8, clause 9(2), after “the chairperson ”, insert “or deputy chair-
person”.
(8) In Schedule 8, clause 9(4), after “chairperson’s” , insert “or deputy chairper-
son’s”.
(9) In Schedule 8, after clause 10, insert:
10A Hearing on papers
(1) Despite anything in this Act to the contrary, the authority may determine an
appeal on the papers if the authority considers it appropriate.
(2) Before doing so, the authority must give the parties a reasonable opportunity to
comment on whether the proceeding should be dealt with in that manner.
10B Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if the authority or the chairperson or
deputy chairperson considers it appropriate and the necessary facilities are
available.
10C Authority may strike out, determine, or adjourn appeal
(1) The authority may strike out, in whole or in part, an appeal if satisfied that it —
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of an appeal, the
authority may, —
(a) if the party is required to be present, strike out the appeal; or
(b) determine the appeal in the absence of the party; orPart 1 s 309 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
118(c) adjourn the hearing.
10D Practice notes
(1) The authority’s chairperson may issue practice notes as he or she thinks fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it, and are for the guidance of other members of the authority, offi-
cers of the authority, and parties before the authority.
(10) In Schedule 8, before clause 11, insert:
10E Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the authority and how to commence an
appeal:
(b) any requirements that must be met for an appeal:
(c) guidelines on how and when parties may obtain information.
(11) In Schedule 8, clause 11(4), replace “$100” with “$3,000”.
(12) In Schedule 8, after clause 12, insert:
13 Contempt of authority
(1) A person commits an offence if the person —
(a) wilfully insults or obstructs the authority or any member of it, a witness,
or an officer of the authority during a sitting of the authority or while a
member, a witness, or an officer is going to, or returning from, a sitting
of the authority; or
(b) wilfully insults or obstructs any person in attendance at a sitting of the
authority; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of the authority;
or
(d) wilfully and without lawful excuse disobeys any order or direction of the
authority in the course of the hearing of any appeal.
(2) A person who commits an offence against subclause (1) is liable on conviction
to a fine not exceeding $1,000.
(3) The authority may order the exclusion from a sitting of the authority of any
person whose behaviour, in the opinion of the authority, constitutes an offence
against subclause (1), whether or not the person is charged with the offence;
and any officer of the authority or constable may take any steps that are reason-
ably necessary to enforce the exclusion.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 309
119Subpart 21—Amendments to Taxation Review Authorities Act 1994
310 Principal Act
This subpart amends the Taxation Review Authorities Act 1994 (the principal
Act).
311 New section 4A inserted (Transitional, savings, and related provisions)
After section 4, insert:
4A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in the Schedule have
effect according to their terms.
312 New section 5A inserted (Appointment of temporary acting Authority)
After section 5, insert:
5A Appointment of temporary acting Authority
(1) If an Authority becomes incapable of acting by reason of illness, absence, or
other sufficient cause, or if an Authority considers it is not proper or not desira-
ble that he or she should adjudicate on a specified matter, the Governor-
General, on the recommendation of the Minister of Justice, may appoint a suit-
able person as an acting Authority for the period or purpose stated in the
appointment.
(2) No person may be appointed as an acting Authority unless he or she is eligible
for appointment as an Authority.
(3) An acting Authority is, while acting in that position, to be treated as an Author-
ity.
(4) No appointment of an acting Authority and no act done by an acting Authority
may be questioned in any proceedings on the ground that the occasion for the
appointment had not arisen or had ceased.
313 Section 6 amended (Term of office of an Authority)
(1) In section 6(1), replace “shall be appointed for such term, not exceeding 7
years” with “must be appointed for a term of up to 5 years”.
(2) Repeal section 6(2).
(3) Replace section 6(4) with:
(4) An Authority continues in office despite the expiry of his or her term of office
until—
(a) the Authority is reappointed; or
(b) the Authority’s successor is appointed; or
(c) the Authority is notified that a replacement Authority will not be appoin-
ted; orPart 1 s 310 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
120(d) the Authority vacates or is removed from office.
(5) An Authority who continues in office for any period under subsection (4),
unless he or she was removed from office, may act as an Authority during that
period for the purpose of —
(a) completing any proceedings partly or wholly heard by the Authority
before the expiry of his or her term of office:
(b) hearing any other proceedings:
(c) stating a case for the High Court from a decision given by the Authority.
(6) An Authority who has resigned, or whose successor is appointed or who will
not be replaced (unless he or she was removed from office), may continue in
office for the purpose of completing any proceedings that are partly or wholly
heard.
314 New section 13AB inserted (Orderly and efficient operation)
After section 13A, insert:
13AB Orderly and efficient operation
(1) An Authority is responsible for making any arrangements that are practicable
to ensure that he or she performs his or her functions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
(2) The Ministry of Justice must provide the resources and administrative support
necessary to enable the Authorities to perform their functions.
315 Section 16 amended (Hearing of proceedings)
In section 16(1), after “subject to those provisions ”, insert “and any practice
notes issued under section 25B”.
316 New sections 20A and 20B inserted
After section 20, insert:
20A Hearing on papers
(1) Despite anything in this Act to the contrary, an Authority may determine a pro-
ceeding on the papers if he or she considers it appropriate.
(2) Before doing so, the Authority must give the parties an opportunity to com-
ment on whether the proceeding should be dealt with in that manner.
20B Use of electronic facilities to hear matters
The hearing of a matter or any part of it may be conducted by telephone, audio-
visual link, or other remote access facility if an Authority considers it appropri-
ate and the necessary facilities are available.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 316
121317 New section 21A inserted (Authority may strike out, determine, or
adjourn proceeding)
After section 21, insert:
21A Authority may strike out, determine, or adjourn proceeding
(1) An Authority may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, an
Authority may, —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
318 Section 22 amended (Power to order costs in certain cases)
Replace section 22(1)(b) with:
(b) an Authority strikes out a proceeding under sections 21 and 21A ,—
319 Section 25 amended (Decision of an Authority)
In section 25(1) , replace “shall give its decision in writing ” with “ must give its
decision in writing and state the reasons for the decision”.
320 New sections 25A and 25A inserted
After section 25, insert:
25A Contempt of Authority
(1) A person commits an offence if the person —
(a) wilfully insults or obstructs an Authority or any witness or officer of an
Authority during a sitting of an Authority or while an Authority, a wit-
ness, or an officer is going to, or returning from, a sitting of an Author-
ity; or
(b) wilfully insults or obstructs any person in attendance at a sitting of an
Authority; or
(c) wilfully interrupts, or otherwise misbehaves at, a sitting of an Authority;
or
(d) wilfully and without lawful excuse disobeys any order or direction of an
Authority in the course of the hearing of any proceedings.Part 1 s 317 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
122(2) A person who commits an offence against subsection (1) is liable on conviction
to a fine not exceeding $1,000.
(3) An Authority may order the exclusion from a sitting of that Authority of any
person whose behaviour, in the opinion of the Authority, constitutes an offence
against subsection (1), whether or not the person is charged with the offence,
and any officer of the Authority or constable may take any steps that are
reasonably necessary to enforce the exclusion.
25B Practice notes
(1) All Authorities acting together may issue practice notes, to apply to all of them,
as they think fit.
(2) The practice notes must not be inconsistent with this Act or any regulations
made under it and are for the guidance of an Authority, officers of an Authority,
and parties before an Authority.
321 New section 25C inserted (Online publication of information about
procedures, time frames, and progress of decisions)
After section 25B, insert:
25C Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the Authorities and how to commence
a proceeding:
(b) any requirements that must be met to bring a proceeding:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.
322 New Schedule inserted
After section 31, insert the Schedule set out in Schedule 5 of this Act.
Subpart 22—Amendments to Weathertight Homes Resolution Services
Act 2006
323 Principal Act
This subpart  amends the Weathertight Homes Resolution Services Act 2006
(the principal Act ).
324 Section 27 amended (How addition under section 26(1) or (2) effected)
In section 27(2)(a), after “the purpose by ”, insert “the chief executive of the
Ministry after consultation with”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 324
123325 Section 62 amended (How to initiate adjudication)
In section 62(1), after “the purpose by ”, insert “the chief executive of the Min-
istry after consultation with”.
326 New section 103A inserted (Appointment of temporary acting chair or
member)
After section 103, insert:
103A Appointment of temporary acting chair or member
(1) If the chair or a member of the tribunal becomes incapable of acting by reason
of illness, absence, or other sufficient cause, or if the chair or a member con-
siders it is not proper or not desirable that he or she should adjudicate on a spe-
cified matter, the Governor-General, on the recommendation of the Minister of
Justice made after consultation with the Minister, may appoint a suitable person
as an acting chair or acting member for the period or purpose stated in the
appointment.
(2) Before making a recommendation, the Minister of Justice must consult with the
Minister.
(3) No person may be appointed as an acting chair or acting member unless he or
she is eligible for appointment to the relevant position.
(4) An acting chair or acting member is, while acting in the position, to be treated
as the chair or a member of the tribunal.
(5) No appointment of an acting chair or acting member, no act done by an acting
chair or acting member, and no act done by the tribunal may be questioned in
any proceedings on the ground that the occasion for the appointment had not
arisen or had ceased.
327 New section 106A inserted (Orderly and efficient operation)
After section 106, insert:
106A Orderly and efficient operation
The chair of the tribunal is responsible for making such arrangements as are
practicable to ensure that he or she and each member performs his or her func-
tions —
(a) in an orderly and efficient manner; and
(b) in a way that achieves the purposes of this Act.
328 Section 107 amended (Chair may delegate duties)
In section 107(1)(a), (c), and (k), replace “approval of ” with “consultation
about”.Part 1 s 325 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
124329 New section 109AA inserted (Procedure)
Before section 109, insert:
109AA Procedure
The tribunal may regulate its procedures as it sees fit, subject to this Act and
any regulations made under it and any practice directions made under section
114.
330 New section 109A inserted (Tribunal may strike out, determine, or
adjourn proceeding)
After section 109, insert:
109A Tribunal may strike out, determine, or adjourn proceeding
(1) The tribunal may strike out, in whole or in part, a proceeding if satisfied that
it—
(a) discloses no reasonable cause of action; or
(b) is likely to cause prejudice or delay; or
(c) is frivolous or vexatious; or
(d) is otherwise an abuse of process.
(2) If a party is neither present nor represented at the hearing of a proceeding, the
tribunal may, —
(a) if the party is required to be present, strike out the proceeding; or
(b) determine the proceeding in the absence of the party; or
(c) adjourn the hearing.
331 Section 114 amended (Practice directions)
In section 114, replace “The chair ” with “For the purpose of guiding the mem-
bers and officers of the tribunal, and parties before the tribunal, the chair”.
332 New sections 114A and 114B inserted
After section 114, insert:
114A Online publication of information about procedures, time frames, and
progress of decisions
The following information must be published on an Internet site maintained by
or on behalf of the chief executive of the Ministry of Justice:
(a) information about the purpose of the tribunal and how to commence a
proceeding:
(b) any requirements that must be met to bring a proceeding:
(c) guidelines on how and when parties may obtain information on the pro-
gress of their case and when a decision may be expected.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 332
125114B Online publication of final written decisions
(1) Every final written decision of the tribunal must be published on an Internet
site as soon as practicable unless there is good reason not to publish it.
(2) A final written decision may be published in part if there is good reason for not
publishing the full decision.
(3) Subsections (1) and (2) are subject to section 69(3) and clause 14 of Schedule
3.
(4) Good reason not to publish a decision, or part of it, includes the following:
(a) non-publication is necessary because of a suppression order or statutory
requirement that affects publication or continued publication:
(b) the decision falls into a category of decisions that are of limited public
value:
(c) taking into account the presumption in subsection (1) in favour of publi-
cation, the tribunal nevertheless determines that the decision or any part
of it should not be published because publication or the effect of publica-
tion would be contrary to the interests of justice.
(5) In this section, final written decision  means a written decision that deter-
mines, or substantially determines, the outcome of proceedings in the tribunal
and is either of the following:
(a) a written reserved decision following an oral hearing:
(b) a written decision in any case considered on the papers.
333 Section 115 amended (Offences)
(1) In section 115(a), delete “assaults,”.
(2) In section 115(a), replace “or any officer” with “or any witness or officer”.
334 New section 115A inserted (Offence of breaching suppression order)
After section 115, insert:
115A Offence of breaching suppression order
A person who breaches an order made under section 69(3) or clause 14 of
Schedule 3 is liable on conviction to a fine not exceeding $3,000.
335 Section 116 amended (Person in contempt of tribunal may be excluded
from proceedings)
In section 116(1), after “police”, insert “or an officer of the tribunal”.
336 Section 117 amended (Service of notices)
(1) After section 117(c), insert:
(ca) the notice or document is sent electronically; or
(2) In section 117, insert as subsections (2) to (4):Part 1 s 333 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
126(2) The notice or other document is treated as having been served, under subsec-
tion (1)(c), 5 working days after it was posted if it is proved that it was
addressed to the recipient at the recipient’s address for service and dispatched
by post.
(3) If a notice or any other document is served in electronic form under subsection
(1)(ca), then, unless the contrary is shown, —
(a) the notice or other document is served at the time the electronic commu-
nication containing the notice or document first enters an information
system outside the control of its originator; and
(b) in proving service, it is sufficient to prove that the electronic communi-
cation was properly addressed and sent.
(4) In this section, information system  means a system for producing, sending,
receiving, storing, displaying, or otherwise processing electronic communica-
tions.
337 Schedule 3 amended
(1) In Schedule 3, clause 2(1)(a) , replace “not exceeding 3 years ” with “of up to 5
years”.
(2) In Schedule 3, after clause 2(2), insert:
(3) A member continues in office despite the expiry of his or her term of office
until—
(a) the member is reappointed; or
(b) the member’s successor is appointed; or
(c) the member is notified that a replacement member will not be appointed;
or
(d) the member vacates or is removed from office.
(4) A member who continues in office for any period under subclause (3), unless
he or she was removed from office, may act as a member during that period for
the purpose of —
(a) completing any proceedings partly or wholly heard by the tribunal
before the expiry of his or her term of office:
(b) hearing any other proceedings.
(5) A member who has resigned, or whose successor is appointed or who will not
be replaced (unless he or she was removed from office), may continue in office
for the purpose of completing any proceedings that are partly or wholly heard.
(3) In Schedule 3, replace clause 9(1) with:
(1) For the purposes of any matter before the tribunal, the tribunal may, on its own
initiative or at the request of a party, issue a summons to any person requiring
that person to attend before the tribunal and give evidence.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Part 1 s 337
127(1A) The power to issue a witness summons may be exercised by the tribunal or the
chair, or by any officer of the tribunal purporting to act by the direction or with
the authority of the tribunal or the chair.
(4) In Schedule 3, clause 9(3), after “the purpose by”, insert “the chief executive of
the Ministry of Justice after consultation with”.
(5) In Schedule 3, replace clause 11 with:
11 Power to take evidence on oath or by other means
(1) The tribunal may take evidence on oath or affirmation and, for that purpose, the
tribunal or any other person acting under the express or implied direction of the
tribunal may administer the oath.
(2) The tribunal may require that any documents or information be verified by oath
or affirmation, statutory declaration, affidavit, or another means.
(3) On any charge of perjury, it is sufficient to prove that the oath or affirmation
was administered, or the documents or information were verified, in accord-
ance with this clause.
Part 2
Repeal, revocation, and amendment of enactments
338 Repeal of Birdlings Flat Land Titles Act 1993
The Birdlings Flat Land Titles Act 1993 (1993 No 1 (P)) is repealed.
339 Amendment to Residential Tenancies Rules 2010
In rule 7(2)(d) and (5)  of the Residential Tenancies Rules 2010  (SR 2010/256),
after “Tenancy Adjudicator”, insert “or Registrar”.
340 Revocation and amendment of enactments
(1) The legislative instrument specified in Part 1 of Schedule 8 is consequentially
revoked.
(2) Amend the Acts specified in Part 2 of Schedule 8 as set out in that schedule.
(3) Amend the legislative instruments specified in Part 3 of Schedule 8 as set out
in that schedule.Part 2 s 338 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
128Schedule 1
New Part 2 of Schedule 1 of Customs and Excise Act 2018
s 23
Part 2
Provisions relating to Tribunals Powers and Procedures Legislation
Act 2018
38 Authorities appointed for more than 5 years continue in office
(1) A person who holds the position of Customs Appeal Authority immediately
before the commencement date and has been appointed for a term of more than
5 years continues in office for the balance of his or her term despite section
24(1)  of the Tribunals Powers and Procedures Legislation Act 2018 and may
be reappointed, if he or she qualifies for reappointment under the principal Act.
(2) In this clause, commencement date  means the date on which section 24(1)  of
the Tribunals Powers and Procedures Legislation Act 2018 comes into force.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 1
129Schedule 2
New Schedule 1AA inserted into Disputes Tribunal Act 1988
s 62
Schedule 1AA
Transitional, savings, and related provisions
s 2A
Part 1
Provisions relating to Tribunals Powers and Procedures Legislation
Act 2018
1 Reappointment of some existing Referees
(1) For the purpose of this clause, commencement date  means the date on which
section 33(1) of the Tribunals Powers and Procedures Legislation Act 2018
comes into force.
(2) A person who holds the position of Referee immediately before the commence-
ment date and who does not meet the qualification requirement in section
7(2)(a)  may be reappointed as a Referee under section 7 if he or she meets the
requirements of section 7(2)(b) and (c).Schedule 2 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
130Schedule 3
Consequential amendments to Disputes Tribunal Act 1988
s 63
Part 1
Replacing references to “The Registrar” with “A Registrar”
In section 22(3), replace “The Registrar” with “A Registrar”.
In section 50(5), replace “The Registrar” with “A Registrar”.
In section 51(4), replace “The Registrar” with “A Registrar”.
In section 57, replace “The Registrar” with “A Registrar”.
Part 2
Replacing references to “the Registrar” with “a Registrar”
In section 11(1)(a), replace “the Registrar” with “a Registrar”.
In section 11(1)(b)(i), replace “the Registrar” with “a Registrar”.
In section 24(4), replace “the Registrar” with “a Registrar”.
In section 25(1), replace “the Registrar” with “a Registrar”.
In section 28(2), replace “the Registrar” with “a Registrar”.
In section 29(3)(a), replace “the Registrar” with “a Registrar”.
In section 35(4), replace “the Registrar” with “a Registrar”.
In section 35(5), replace “the Registrar” with “a Registrar”.
In section 41(2)(a), replace “the Registrar” with “a Registrar”.
In section 41(3), replace “the Registrar” with “a Registrar”.
In section 45(2), replace “the Registrar” with “a Registrar”.
In section 45(5), replace “the Registrar” with “a Registrar”.
In section 49(4)(a), replace “the Registrar” with “a Registrar”.
In section 50(4), replace “the Registrar” with “a Registrar”.
In section 50(6), replace “the Registrar” with “a Registrar”.
In section 51(1), replace “the Registrar” with “a Registrar”.
In section 51(3), replace “the Registrar” with “a Registrar”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 3
131Schedule 4
New Part 2 of Schedule 1AA of Human Rights Act 1993
s 98
Part 2
Provision relating to Tribunals Powers and Procedures Legislation
Act 2018
2 Chairpersons of Human Rights Review Tribunal
(1) A person who holds the office of Chairperson immediately before the com-
mencement date continues in office for the balance of his or her term, despite
sections 81 and 83 of the Tribunals Powers and Procedures Legislation Act
2018 , even if the consequence is that the Tribunal continues to have 2 Chair-
persons until (at the latest) 31 December 2019.
(2) Each of those Chairpersons may, in consultation with the other Chairperson,
exercise the powers of the Chairperson of the Tribunal under the Human Rights
Act 1993, as amended by subpart 7 of Part 1 of the Tribunals Powers and Pro-
cedures Legislation Act 2018.
(3) While 2 Chairpersons are appointed, they must act together in issuing practice
notes under section 121A.
(4) For the purpose of this clause, commencement date  means the date on which
section 83 of the Tribunals Powers and Procedures Legislation Act 2018 comes
into force.Schedule 4 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
132Schedule 5
Schedule inserted into Taxation Review Authorities Act 1994
s 322
Schedule
Transitional, savings, and related provisions
s 4A
Part 1
Provisions relating to Tribunals Powers and Procedures Legislation
Act 2018
1 Authorities appointed for more than 5 years continue in office
(1) A person who holds the position of Taxation Review Authority immediately
before the commencement date and has been appointed for a term of more than
5 years continues in office for the balance of his or her term, despite section
313 of the Tribunals Powers and Procedures Legislation Act 2018, and may be
reappointed if he or she qualifies for reappointment, under the principal Act.
(2) In this clause, commencement date  means the date on which section 313 of
the Tribunals Powers and Procedures Legislation Act 2018 comes into force.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 5
133Schedule 6
Consequential amendments to Private Security Personnel and
Private Investigators Act 2010
s 228
Part 1
Replacing references to “The Licensing Authority” with “A
Licensing Authority”
In section 27(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 28(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 29(5), replace “The Licensing Authority” with “A Licensing Authority”.
In section 30(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 30(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 31(4), replace “The Licensing Authority” with “A Licensing Authority”.
In section 33(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 33(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 33(5), replace “The Licensing Authority” with “A Licensing Authority”.
In section 33(7), replace “The Licensing Authority” with “A Licensing Authority”.
In section 33(8), replace “The Licensing Authority” with “A Licensing Authority”.
In section 37, replace “The Licensing Authority” with “A Licensing Authority”.
In section 39(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 40(4), replace “The Licensing Authority” with “A Licensing Authority”.
In section 48(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 49(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 50(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 50(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 53(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 53(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 53(5), replace “The Licensing Authority” with “A Licensing Authority”.
In section 53(7), replace “The Licensing Authority” with “A Licensing Authority”.
In section 53(8), replace “The Licensing Authority” with “A Licensing Authority”.
In section 57, replace “The Licensing Authority” with “A Licensing Authority”.
In section 60(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 60(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 64(4), replace “The Licensing Authority” with “A Licensing Authority”.Schedule 6 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
134In section 76(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 76(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 76(4), replace “The Licensing Authority” with “A Licensing Authority”.
In section 76(9), replace “The Licensing Authority” with “A Licensing Authority”.
In section 77(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 77(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 77(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 77(7), replace “The Licensing Authority” with “A Licensing Authority”.
In section 78(6), replace “The Licensing Authority” with “A Licensing Authority”.
In section 79(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 81(6), replace “The Licensing Authority” with “A Licensing Authority”.
In section 90(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 90(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 92(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 96(1), replace “The Licensing Authority” with “A Licensing Authority”.
Part 2
Replacing references to “the Licensing Authority” with “a Licensing
Authority”
In section 24(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 25(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 26(1), replace “the Licensing Authority ” with “a Licensing Authority ” in
the first place it appears.
In section 30(2), replace “the Licensing Authority ” with “a Licensing Authority ” in
the first place it appears.
In section 31(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 32, replace “the Licensing Authority” with “a Licensing Authority”.
In section 33(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 33(4), replace “the Licensing Authority” with “a Licensing Authority”.
In section 39(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 39(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 40(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 40(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 43(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 43(3), replace “the Licensing Authority” with “a Licensing Authority”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 6
135In section 43(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 46(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 47(1), replace “the Licensing Authority ” with “a Licensing Authority ” in
the first place it appears.
In section 50(2), replace “the Licensing Authority ” with “a Licensing Authority ” in
the first place it appears.
In section 52, replace “the Licensing Authority” with “a Licensing Authority”.
In section 53(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 53(4), replace “the Licensing Authority” with “a Licensing Authority”.
In section 61(1)(b)(v), replace “the Licensing Authority ” with “a Licensing Author-
ity”.
In section 61(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 61(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 64(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 65(1)(a), replace “the Licensing Authority” with “a Licensing Authority”.
In section 66(1)(a), replace “the Licensing Authority” with “a Licensing Authority”.
In section 71(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 73(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 73(6), replace “the Licensing Authority” with “a Licensing Authority”.
In section 74(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 74(6), replace “the Licensing Authority” with “a Licensing Authority”.
In section 75(1), replace “the Licensing Authority ” with “a Licensing Authority ” in
the first place it appears.
In section 76(6)(b), replace “the Licensing Authority” with “a Licensing Authority”.
In section 78(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 78(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 78(7), replace “the Licensing Authority” with “a Licensing Authority”.
In section 79(2)(b), replace “the Licensing Authority” with “a Licensing Authority”.
In section 81(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 81(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 82(b), replace “the Licensing Authority” with “a Licensing Authority”.
In section 85(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 89(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 90(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 91(4), replace “the Licensing Authority ” with “a Licensing Authority ” in
each place.Schedule 6 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
136In section 91(6), replace “the Licensing Authority” with “a Licensing Authority”.
In section 93(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 94, replace “the Licensing Authority” with “a Licensing Authority”.
In section 96(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 99, replace “the Licensing Authority” with “a Licensing Authority”.
In section 102(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 102(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 102(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 105(a), replace “the Licensing Authority” with “a Licensing Authority”.
In section 112(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 112(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 112(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 113(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 114(1)(d), replace “the Licensing Authority” with “a Licensing Authority”.
In section 114(1)(i), replace “the Licensing Authority” with “a Licensing Authority”.
Part 3
Replacing references to “the Authority” with “an Authority”
In section 35(1), replace “the Authority” with “an Authority”.
In section 55(1), replace “the Authority” with “an Authority”.
In section 55(2), replace “the Authority” with “an Authority”.
In section 67(1), replace “the Authority” with “an Authority”.
In section 67(2), replace “the Authority” with “an Authority”.
In section 80(1), replace “the Authority” with “an Authority”.
In section 83, replace “the Authority” with “an Authority”.
In section 101(c), replace “the Authority” with “an Authority”.
In section 102(1)(b), replace “the Authority” with “an Authority”.
Part 4
Replacing references to “Authority” with “Authorities”
In section 4, definition of responsible Minister , replace “Authority”  with “Author-
ities”.
In the cross-heading above section 78, replace “ Authority ” with “ Authorities ”.
In the cross-heading above section 81, replace “ Authority ” with “ Authorities ”.
In the Part 5 heading, replace “ Authority ” with “ Authorities ”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 6
137In the cross-heading above section 87, replace “ Authority ” with “ Authorities ”.
In the heading to section 88, replace “ Authority ” with “ Authorities ”.
In section 88, replace “Authority” with “Authorities”.
In the heading to section 89, replace “ Authority ” with “ Authorities ”.
In the heading to section 90, replace “ Authority ” with “ Authorities ”.
In the heading to section 91, replace “ Authority ” with “ Authorities ”.
In the heading to section 94, replace “ Authority ” with “ Authorities ”.
In section 95, replace “Authority” with “Authorities”.
In the heading to section 99, replace “ Authority ” with “ Authorities ”.Schedule 6 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
138Schedule 7
Consequential amendments to Secondhand Dealers and
Pawnbrokers Act 2004
s 304
Part 1
Replacing references to “The Licensing Authority” with “A
Licensing Authority”
In section 9(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 10(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 16(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 16(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 16(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 18(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 23(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 23(4), replace “The Licensing Authority” with “A Licensing Authority”.
In section 28(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 29(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 31(1), replace “The Licensing Authority” with “A Licensing Authority”.
In section 70(2), replace “The Licensing Authority” with “A Licensing Authority”.
In section 70(3), replace “The Licensing Authority” with “A Licensing Authority”.
In section 76(1), replace “The Licensing Authority” with “A Licensing Authority”.
Part 2
Replacing references to “the Licensing Authority” with “a Licensing
Authority”
In section 4, definition of certified copy , replace “the Licensing Authority ” with “a
Licensing Authority”.
In section 10(4), replace “the Licensing Authority” with “a Licensing Authority”.
In section 11, replace “the Licensing Authority” with “a Licensing Authority”.
In section 12(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 16(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 17(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 17(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 17(3), replace “the Licensing Authority” with “a Licensing Authority”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 7
139In section 21(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 24(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 24(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 24(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 25(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 26(1)(a), replace “the Licensing Authority” with “a Licensing Authority” in
the first place it appears.
In section 26(2)(a), replace “the Licensing Authority” with “a Licensing Authority”.
In section 26(2)(b), replace “the Licensing Authority” with “a Licensing Authority”.
In section 27(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 27(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 27(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 28(1)(b), replace “the Licensing Authority” with “a Licensing Authority”.
In section 28(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 29(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 31(4), replace “the Licensing Authority” with “a Licensing Authority”.
In section 33(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 33(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 33(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 34(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 34(2), replace “the Licensing Authority” with “a Licensing Authority”.
In section 34(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 35(1), replace “the Licensing Authority” with “a Licensing Authority”.
In section 35(3), replace “the Licensing Authority” with “a Licensing Authority”.
In section 70(4), replace “the Licensing Authority” with “a Licensing Authority”.
In section 71(3), replace “the Licensing Authority ” with “a Licensing Authority ” in
each place.
In section 71(4), replace “the Licensing Authority” with “a Licensing Authority”.
In section 73, replace “the Licensing Authority” with “a Licensing Authority”.
In section 76(5), replace “the Licensing Authority” with “a Licensing Authority”.
In section 76(6), replace “the Licensing Authority” with “a Licensing Authority”.
In section 79(h), replace “the Licensing Authority” with “a Licensing Authority”.Schedule 7 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
140Part 3
Replacing references to “Authority” with “Authorities”
In section 4, definition of responsible Minister , replace “Authority”  with “Author-
ities”.
In the Part 4 heading, replace “ Authority ” with “ Authorities ”.
In the cross-heading above section 70, replace “Authority ” with “Authorities ” in each
place.
In the heading to section 70, replace “ Authority ” with “ Authorities ”.
In the heading to section 74, replace “ Authority ” with “ Authorities ”.
In section 74, replace “Authority” with “Authorities”.
In section 74(a), replace “Authority” with “Authorities”.
In the heading to section 82, replace “ Authority ” with “ Authorities ”.
In section 84(p), replace “Authority” with “Authorities”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 7
141Schedule 8
Revocation and amendment of enactments
s 340
Part 1
Consequential revocation of legislative instrument
Private Security Personnel and Private Investigators (Forms) Regulations 2011
(SR 2011/73)
Part 2
Consequential amendments to Acts
Consumer Guarantees Act 1993 (1993 No 91)
In section 47(4) and (5), replace “Subject to subsection (6), the” with “The”.
In section 47(4) and (5), replace “$15,000” with “$30,000” in each place.
Repeal section 47(6).
Contract and Commercial Law Act 2017 (2017 No 5)
In section 114(1) and (2), replace “$15,000” with “$30,000” in each place.
Repeal section 114(4).
Credit Contracts and Consumer Finance Act 2003 (2003 No 52)
In section 87(1) to (3), replace “$15,000” with “$30,000” in each place.
Repeal section 87(5).
Fair Trading Act 1986 (1986 No 121)
In section 36B(2), replace “$15,000” with “$30,000”.
In section 43B(2), replace “$15,000” with “$30,000”.
Repeal section 43B(2)(c).
Fencing Act 1978 (1978 No 50)
In section 24A(2),—
(a) replace “Subject to subsection (3), in” with “In”:
(b) replace “subsection (1)” with “subsection (1),”:
(c) replace “$15,000” with “$30,000” in each place.
Repeal section 24A(3).
Retirement Villages Act 2003 (2003 No 112)
In section 83(2), replace “$15,000” with “$30,000” in each place.Schedule 8 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
142Retirement Villages Act 2003 (2003 No 112) —continued
Repeal section 83(3).
Part 3
Consequential and other amendments to legislative instruments
Copyright (Infringing File Sharing) Regulations 2011 (SR 2011/252)
Replace regulation 9 with:
9 Application forms
(1) An application by a rights owner under section 122O of the Act must be made
in a form approved by the chief executive of the Ministry of Justice.
(2) The chief executive of the Ministry of Justice must consult the chairperson of
the tribunal before approving a form under subclause (1).
In the Schedule, revoke form 2.
Customs and Excise Regulations 1996 (SR 1996/232)
In regulation 81(1)(a), replace “form 14 ” with “a form approved by the chief execu-
tive of the Ministry of Justice after consultation with all Customs Appeal Author-
ities”.
In Schedule 2, revoke form 14.
Disputes Tribunals Rules 1989 (SR 1989/34)
In rule 18(1), replace “$500” with “$1,000”.
In rule 18(2), replace “$500” with “$1,000”.
Human Rights Regulations 1993 (SR 1993/394)
After regulation 3(2)(b), insert:
(ba) electronically; or
After regulation 3(3), insert:
(4) If a notice or any other communication is served in electronic form under sub-
clause (2)(ba), then, unless the contrary is shown, —
(a) the notice or any other communication is served at the time the elec-
tronic communication containing the notice or communication first
enters an information system outside the control of its originator; and
(b) in proving service, it is sufficient to prove that the electronic communi-
cation was properly addressed and sent.
(5) In this regulation and regulation 4A, information system  means a system for
producing, sending, receiving, storing, displaying, or otherwise processing
electronic communications.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 8
143Human Rights Review Tribunal Regulations 2002 (SR 2002/19)
In regulation 3(1), revoke the definition of Chairperson .
Replace regulation 5(1) and (2) with:
(1) Proceedings are commenced by filing a form approved by the chief executive
of the Ministry of Justice after consultation with the Chairperson of the Tribu-
nal, or if 2 Chairpersons are appointed, with both of them.
(2) The form must be filed with the Ministry of Justice.
Replace regulation 12 with:
12 Notice of proceedings
As soon as practicable after proceedings have been commenced, —
(a) the Secretary must refer the proceedings to the Chairperson of the Tribu-
nal for determination:
(b) the applicant must —
(i) ensure that a notice of the kind described in regulation 13 is
served on the defendant; and
(ii) if the proceedings are of a kind referred to in the first column of
the table in regulation 14, ensure that a notice of the proceedings
is served on the persons or bodies referred to in the second col-
umn of that table in the same row as the reference to the kind of
proceedings.
In regulation 13(2)(c), after “Chairperson”, insert “or a Deputy Chairperson”.
In regulation 15(1), replace paragraph (a) with:
(a) must, within 22 working days after the day on which the notice of pro-
ceeding is served on the defendant, file with the Ministry of Justice a
statement of reply to the plaintiff’s claim;
In regulation 15(2), after “Chairperson” , insert “or a Deputy Chairperson ” in each
place.
In regulation 16(1), after “the Chairperson”, insert “or a Deputy Chairperson”.
In regulation 16(2), after “the Chairperson”, insert “or a Deputy Chairperson”.
In regulation 17(1), after “the Chairperson”, insert “or a Deputy Chairperson”.
In regulation 17(3), after “the Chairperson”, insert “or a Deputy Chairperson”.
In regulation 18(1), after “the Chairperson”, insert “or a Deputy Chairperson”.
Immigration and Protection Tribunal Regulations 2010 (SR 2010/355)
In regulation 3(1), replace the definition of approved form  with:
approved form  means a form approved by the chief executive of the Ministry
of Justice after consulting with the chair of the TribunalSchedule 8 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
144Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008
(SR 2008/184)
In regulation 3(1), insert in its appropriate alphabetical order:
Ministry  means the Ministry of Justice
In regulation 3(1), definition of Disciplinary Tribunal or Tribunal , replace “Tribu-
nals Unit” with “Ministry of Justice”.
In regulation 3(1), revoke the definition of Tribunals Unit .
After regulation 3(1), insert:
(1A) In these regulations, a requirement to serve or notify a document or other thing
in writing is satisfied by an electronic communication to an electronic address
that has been provided to the sender.
(1B) If a notice or any other thing is served in electronic form, then, unless the
authority is shown, —
(a) the notice or other communication is served at the time the electronic
communication containing the notice or communication first enters an
information system outside the control of the originator; and
(b) in proving service, it is sufficient to prove that the electronic communi-
cation was properly addressed and sent.
Revoke regulation 4 and the Schedule.
In regulation 5(1), replace “form A ” with “a form approved by the chief executive of
the Ministry of Justice after consultation with the chairperson of the Disciplinary Tri-
bunal”.
In regulation 6(1), replace “form B ” with “a form approved by the chief executive of
the Ministry of Justice after consultation with the chairperson of the Disciplinary Tri-
bunal”.
In regulation 7(1)(a), replace “form C ” with “a form approved by the chief executive
of the Ministry of Justice after consultation with the chairperson of the Disciplinary
Tribunal”.
In regulation 8(c), replace “form D ” with “a form approved by the chief executive of
the Ministry of Justice after consultation with the chairperson of the Disciplinary Tri-
bunal”.
In regulation 9(a), replace “form E ” with “a form approved by the chief executive of
the Ministry of Justice after consultation with the chairperson of the Disciplinary Tri-
bunal”.
In regulation 15(1)(a), replace “form F” with “ a form approved by the chief executive
of the Ministry of Justice after consultation with the chairperson of the Disciplinary
Tribunal”.
In regulation 18(2), replace “form G” with “a form approved by the chief executive of
the Ministry of Justice after consultation with the chairperson of the Disciplinary Tri-
bunal”.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 8
145Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008
(SR 2008/184) —continued
In regulation 29(1)(b)(ii), replace “registered post ” with “any form of prepaid deliv-
ery service that requires an acknowledgement of receipt of delivery”.
Revoke regulation 29(4).
Replace regulation 33 with:
33 Sittings of Disciplinary Tribunal using telephone conference or audiovisual
link
The hearing of a matter, or any part of a matter, may be conducted by tele-
phone, audiovisual link, or any other remote access facility if the chairperson
of the Tribunal considers it appropriate and the necessary facilities are avail-
able.
In regulation 35, replace “Tribunals Unit” with “Ministry”.
In regulation 36(1), replace “Tribunals Unit” with “Ministry”.
Lawyers and Conveyancers Act (Legal Complaints Review Officer) Form and
Fee Regulations 2008 (SR 2008/185)
Replace regulation 3(1) and (2) with:
An application to the Legal Complaints Review Officer for a review of a deci-
sion by a standards committee must be in a form approved by the chief execu-
tive of the Ministry of Justice after consultation with the Legal Complaints
Review Officer.
Revoke the Schedule.
Motor Vehicle Sales Regulations 2003 (SR 2003/327)
In regulation 16, insert as subclause (2):
(2) Despite subclause (1) and Schedule 3, forms for use in the Motor Vehicle Dis-
putes Tribunal must be in a form approved by the chief executive of the Minis-
try of Justice after consultation with all adjudicators.
In Schedule 3, revoke form 4.
Real Estate Agents (Complaints and Discipline) Regulations 2009 (SR 2009/280)
In regulation 6(1)(c), after “approved by ”, insert “the chief executive of the Ministry
of Justice after consultation with”.
In regulation 7(1)(a), after “approved by ”, insert “the chief executive of the Ministry
of Justice after consultation with”.
In regulation 9(1)(a), after “approved by ”, insert “the chief executive of the Ministry
of Justice after consultation with”.
After regulation 9(1)(b), insert:
(ba) accompanied by a fee of $30; andSchedule 8 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
146Real Estate Agents (Complaints and Discipline) Regulations 2009 (SR 2009/280)
—continued
In regulation 10(1)(a), after “approved by”, insert “ the chief executive of the Ministry
of Justice after consultation with”.
After regulation 10(1)(b), insert:
(ba) accompanied by a fee of $30; and
In regulation 14, replace “set out in the Schedule of these regulations” with “approved
by the chief executive of the Ministry of Justice after consultation with the chair-
person of the Tribunal”.
Revoke regulation 15.
Revoke the Schedule.
Sale and Supply of Alcohol Regulations 2013 (SR 2013/459)
In the Schedule, revoke form 21.
In the Schedule, revoke form 23.
Secondhand Dealers and Pawnbrokers Regulations 2005 (SR 2005/24)
Replace regulation 5(1)(c)(i) with:
(i) by a person concerned in the management of a company that is
applying concurrently for a licence under section 8 of the Act, no
fee is payable:
After regulation 5(1), insert:
(1A) If a licence has been issued to a company under section 10 of the Act and a
Licensing Authority is subsequently required to amend the licence under sec-
tion 17 of the Act to account for a new director of the company, —
(a) the new director is to be treated as an additional director who is part of
an application to which subclause (1)(b) applies; and
(b) the fee payable for the new director is $180.
Replace regulation 6 with:
6 Photograph accompanying applications for licences and certificates
(1) The photograph required under section 8(3) of the Act (to accompany a licence
application by an individual) and section 21(1)(b) of the Act (to accompany a
certificate application) must be a standard passport size photograph, that is, —
(a) a recent photograph of the applicant; and
(b) a full-front view of the applicant’s face, head, and shoulders only; and
(c) taken without hats, head coverings, or head bands; and
(d) 40 mm wide and 50 mm high.
(2) The photograph must be authenticated in accordance with regulation 7.Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Schedule 8
147Secondhand Dealers and Pawnbrokers Regulations 2005 (SR 2005/24) —con-
tinued
In regulation 7(1), replace “photographs” with “photograph”.
Replace regulation 7(3) with:
(3) The person authenticating the photograph referred to in regulation 6 must —
(a) write on the application form “This photograph is a true likeness of [ full
name of applicant ]” (or words to that effect), and sign and date that
statement; and
(b) write on the back of the photograph “Certified true likeness of [ full name
of applicant ]” (or words to that effect), and sign and date that certificate.
In regulation 7(4), replace “photographs” with “photograph”.
Taxation Review Authorities Regulations 1998 (SR 1998/460)
In regulation 2, revoke the definition of notice of claim .
In regulation 7(1), replace “form 1 of the Schedule ” with “a form approved by the
chief executive of the Ministry of Justice after consultation with all Authorities”.
In regulation 9(a), replace “at the offices of the Tribunals Unit, AMP Building, 86
Customhouse Quay, Wellington” with “at the Ministry of Justice”.
In regulation 9(b), replace “, Tribunals Unit, Private Bag 32001, Wellington 6146 ”
with “at the Ministry of Justice”.
In regulation 22(2)(a) and (c), delete “in the prescribed form”.
In regulation 30(1), after “telephone conference linkup ”, insert “, or by audio-visual
link (A VL)”.
In regulation 35(1) and (2), replace “the Commissioner” with “the Authorities”.
In the Schedule, revoke form 1.Schedule 8 Tribunals Powers and Procedures Legislation Act 2018Reprinted as at
29 October 2019
148Reprints notes
1 General
This is a reprint of the Tribunals Powers and Procedures Legislation Act 2018
that incorporates all the amendments to that Act as at the date of the last
amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law
enacted by the principal enactment and by any amendments to that enactment.
Section 18 of the Legislation Act 2012 provides that this reprint, published in
electronic form, has the status of an official version under section 17 of that
Act. A printed version of the reprint produced directly from this official elec-
tronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sec-
tions 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia-
ment.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Tribunals Powers and Procedures Legislation Act Commencement Order (No 2) 2019 (LI 2019/224)
Tribunals Powers and Procedures Legislation Act Commencement Order 2019 (LI 2019/59)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2019Reprinted as at
29 October 2019 Tribunals Powers and Procedures Legislation Act 2018 Notes
149