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Tribunals
Accident Compensation Appeal Authority
Legislative Basis:
Accident Compensation Act 1982 (repealed).
Structure:
The Accident Compensation Appeal Authority has one or more members who must be barristers and solicitors of the High Court with no less than seven years' practice. There are at present two members.
Functions:
Deals only with residual appeals under repealed legislation from the decisions of the Accident Rehabilitation and Compensation Insurance Corporation under the 1982 legislation.
Accident Compensation Appeals
Legislative Basis:
Accident Rehabilitation and Compensation Insurance Act 1992, Accident Insurance Act 1998, Injury Prevention Rehabilitation and Compensation Act 2001.
Structure:
District Court Judges are warranted to hear proceedings under this legislation.
Functions:
Determines appeals from any decision of a review officer of the on an application for review of a decision of the ACC.
Birdlings Flat Land Titles Commissioner
Legislative Basis:
The Commissioner is appointed under s5 of the Birdlings Flat Land Titles Act 1993.
Structure:
The Birdlings Flat Land Titles Commissioner must be a Barrister or Solicitor of the High Court or a person with specialist knowledge of resource management legislation.
Functions:
The Commissioner carries out functions, including making written orders to effect the division of the Birdlings Flat land (Banks Peninsula, Canterbury) into separate titles.
Copyright Tribunal
Legislative Basis:
Section 206 of the Copyright Act 1994.
Structure:
The Copyright Tribunal has three members, one of whom is appointed and must be a barrister or solicitor of the High Court of not less than seven years' practice. The current Chairperson is a District Court Judge.
Functions:
It deals with disputes about licences allowing the copying, performing and broadcasting of works. Some proposed or operative schemes for licensing can be referred by interested parties.
Customs Appeal Authority
Legislative Basis:
Customs and Excise Act 1996.
Structure:
The Customs Appeal Authority comprises a District Court Judge or Barrister or Solicitor of the High Court of not less then seven years practice.
Functions:
It sits as a judicial authority for hearing and deciding such appeals as are authorised by the Customs and Excise Act 1996 or any other Act against assessments, decisions, rulings, determinations and directions of the Comptroller of Customs.
Deportation Review Tribunal
Legislative Basis:
Section 103 of the Immigration Act 1987.
Structure:
The Deportation Review Tribunal has three members, one of whom is the Chairperson and who must be a Barrister or Solicitor of the High Court of not less than five years practice.
Functions:
It deals with appeals from people subject to deportation as a result of a conviction or revocation of a residence permit.
Disputes Tribunal
Legislative Basis:
Section 4B District Court Act 1947.
Structure:
Disputes Tribunals sit right throughout the country in virtually all District Courts.
Functions:
Disputes Tribunals are not like formal courts. There are no lawyers or judges. A dispute is heard by a Referee who has been carefully selected and trained. A Referee is someone who can either help the parties to come to their own solution or will determine the dispute. Any ruling they make is binding and will, if necessary, be enforced by the Courts.
Human Rights Review Tribunal
Legislative Basis:
Human Rights Commission Act 1977 (and amendments).
Structure:
The Tribunal has a Chairperson, who must be a barrister or solicitor of the High Court of not less than seven years' practice, and who sits with two members appointed from a panel consisting of not more than 20 members.
Functions:
The Tribunal hears proceedings brought by the Human Rights Commission or Race Relations Conciliator or any aggrieved person for breaches of certain provisions of the Human Rights Act 1993. Those breaches may relate to discrimination by reason of sex, marital status, religious or ethical beliefs.
Proceedings may also be brought by the Privacy Commissioner pursuant to the Privacy Act 1993 and the Health and Disability Commissioner pursuant to the Health and Disability Commissioner Act 1994.
Land Valuation Tribunals
Legislative Basis:
Section 19 of the Land Valuation Proceedings Act 1948.
Structure:
Each Tribunal consists of a Chairperson, who is a District Court Judge, and two registered valuers.
Functions:
The Land Valuation Tribunal is a specialist tribunal that deals with matters arising from a number of Acts, including matters to do with land valuations and title.
NZ Lawyers and Conveyancers Disciplinary Tribunal
Legislative Basis:
Lawyers and Conveyancers Act 2006
Structure:
The Tribunal consists of a Chair or Deputy Chair, along with an even number of lay members, and law or conveyancing practitioners. A quorum consists of a minimum of five members.
Functions:
The purpose of the Tribunal is to determine charges made by Standards Committees, and the Legal Complaints Review Officer. It also hears practitioner applications.
Legal Complaints Review Officer
Legislative Basis:
Lawyers and Conveyancers Act 2006
Structure:
There is a Legal Complaints Review Officer (LCRO), and a Deputy Legal Complaints Review Officer.
Functions:
The purpose of the LCRO is to promote public confidence in lawyers and conveyancers, and provide speedy and independent reviews of decisions made by any of the 19 NZ Law Society Standards Committees, or the NZ Society of Conveyancers Standards Committee.
Liquor Licensing Authority
Legislative Basis:
Section 85 Sale of Liquor Act 1989.
Structure:
The Liquor Licensing Authority is a full-time body consisting of a chairperson who must be a District Court Judge and up to three members.
Functions:
It determines applications for the grant or variation of on-licences, off-licences and club licences (and renewals of those licences where variation is sought or where they may be opposed). It also determines applications for suspensions and cancellations of licences. The Authority is also an appellate body, able to hear appeals against decisions of District Licensing Agencies.
Motor Vehicle Disputes Tribunal
Legislative Basis:
Section 82 Motor Vehicle Sales Act 2003.
Structure:
Each Tribunal comprises a legally qualified Adjudicator (a Barrister or Solicitor of the High Court of not less than 5 years' practice) and an experienced technical assessor.
Functions:
The Tribunal enquires into and determines applications made by purchasers of vehicles against motor vehicle traders.
The Tribunal has authority to order a vehicle to be returned to the trader and for the purchaser to receive a refund of the purchase price paid for the vehicle or an award of the purchaser's costs of carrying out repairs to the vehicle. The Tribunal may also order the transfer to the trader of the purchaser’s obligations under any financing arrangement made at the time the vehicle was purchased.
The Tribunal sits, as required, at cities and towns throughout New Zealand. To obtain further information about making an application against a trader, please telephone 0800 367 6838.
Secondhand Dealers & Pawnbrokers Licensing Authority
Legislative Basis:
The Licensing Authority is established under section 70 of the Secondhand Dealers and Pawnbrokers Act 2004.
Structure:
The Licensing Authority is constituted as a single person, who may or may not be legally qualified. The current Authority is a practising Barrister and Solicitor of the High Court.
Functions:
The Licensing Authority is an independent judicial body - established under the Secondhand Dealers and Pawnbrokers Act 2004. From 1 April 2005, the Authority’s primary functions have been to license secondhand dealers and pawnbrokers and certify certain employees of licence holders. The Authority has also established and maintains electronic public registers of who holds licences or certificates under the Act.
Social Security Appeal Authority
Legislative Basis:
Section 12A of the Social Security Act 1964.
Structure:
The Social Security Appeal Authority consists of three persons appointed by the Governor-General on the recommendations of the Minister of Social Welfare after consultation with the Minister of Justice, of whom one member is appointed Chairperson.
Functions:
It determines appeals against any decision of the Ministry of Social Development’s District Review Committees where a beneficiary disputes the findings made.
Student Allowance Appeal Authority
Legislative Basis:
Education Act 1989.
Structure:
The Student Allowance Appeal Authority comprises one member appointed by the Minister of Education. This is currently a Barrister and Solicitor of the High Court.
Functions:
Its functions are to hear and determine appeals against decisions of the Director-General of Education relating to bursaries, grants and hardship awards.
Taxation Review Authorities
Legislative Basis:
Taxation Review Authorities Act 1994 and Taxation Review Authorities Regulations 1998
Structure:
Taxation Review Authorities are one-member Authorities who may be District Court Judges or barristers and solicitors of the High Court of not less than seven years' practice.
Functions:
They sit as judicial authorities to determine objections to assessments of tax or duty, or decisions or determinations of the Commissioner of Inland Revenue.
Tenancy Tribunal
Legislative Basis:
Section 67 of the Residential Tenancies Act 1986.
Structure:
A Principal Tenancy Adjudicator heads the Tribunal and Tenancy Adjudicators based throughout the country. The Principal Tenancy Adjudicator must hold a practising certificate as a Barrister or Solicitor. Adjudicators must also meet this requirement or be capable of performing the role through special knowledge or experience. Most Adjudicators are in fact practising lawyers.
Functions:
The Tribunal is designed to provide residential landlords and tenants with easy access to a quick, inexpensive and efficient method of hearing disputes as well as a mechanism for alternative dispute resolution; and to give people the opportunity to represent themselves without the added expense of engaging lawyers (although parties may be represented in certain circumstances).
The Tenancy Tribunal is responsible for hearing and determining all disputes in relation to tenancy agreements under the Act, that are brought to it by residential tenants and landlords, that could not be settled through mediation (agreement).
The Ministry of Justice (in conjunction with the Department of Building and Housing) has a statutory responsibility for all matters relating to the administration of the Tribunal.
Trans-Tasman Occupational Tribunal
Legislative Basis:
Trans-Tasman Mutual Recognition Act 1997.
Structure:
The Tribunal consists of a Chairperson, who must be a Barrister and Solicitor of the High Court of not less than seven years practice or a District Court Judge who sits with two other individuals appointed from a panel of not more than 15 individuals maintained by the Minister of Justice or one member from the panel and a member of the Australian Tribunal.
Functions:
It reviews decisions about the registration in New Zealand of equivalent occupations in Australia.
Victims Special Claims Tribunal
Legislative Basis:
Prisoners and Victims Claims Act 2005.
Structure:
Victims Special Claims Tribunals consist of a District Court Judge specifically authorised for this task.
Functions:
The Tribunal’s primary function is to determine the victim’s claim and decide whether they are entitled to any part of the compensation paid to the prisoner or accused.
Weathertight Homes Tribunal
Legislative Basis:
This Tribunal is established under section 101 of the Weathertight Homes Resolution Service Act 2006.
Structure:
There is a Chair of the Tribunal (a Barrister or Solicitor of the High Court of not less than 5 years' practice) as well as a number of Tribunal Members who hear claims brought under the Act.
Functions:
The purpose of the Tribunal is to provide speedy, cost-effective and independent adjudication for leaky home compensation claims brought under the Act.
Affected homeowners must first apply to the Department of Building and Housing to have their claim assessed for eligibility, before they can apply to the Tribunal for adjudication.
