Section 76 — Residential Tenancies Act 1986: Tenancy Mediators

76 Tenancy Mediators (1) There shall from time to time be appointed under the State Sector Act 1988 such number of Tenancy Mediators as may be required for the purposes of this Act. (2) Every Tenancy Mediator appointed pursuant to subsection (1) of this section shall be an officer of the Ministry. (3) Without limiting subsection (1) of this section, the Minister of Housing shall appoint as Tenancy Mediators sufficient persons who are not officers or employees of any of the State services to act in cases to which the Crown or any instrument of the Crown or the Ministry is a party, and in such other cases as may from time to time be required. (4) [Repealed] (5) Tenancy Mediators shall have the following duties, functions, and powers: (a) Where an application has been made for the exercise of the Tribunal's jurisdiction in respect of any dispute, to offer their services to the parties to the dispute and to assist the parties in bringing about a settlement: (b) In giving such assistance, to inquire fully into any such dispute and all matters affecting its merits, and to make such suggestions and recommendations and do all such things as they think right and proper for inducing the parties to come to a fair and amicable settlement: (c) To carry out, in respect of disputes arising within the jurisdiction of the Tribunal, all such directions as the Tribunal may think fit to give: (d) Such other duties, functions, and powers as are conferred on Tenancy Mediators by this Act. (6) No Tenancy Mediator shall have power to determine any matter in dispute, whether with or without a request by the parties. (7) Subject to any directions of the Tribunal, no Tenancy Mediator shall have or exercise any duties, functions, or powers in respect of any dispute that is before the Tribunal. (8) For the purposes of subsection (7) of this section, a dispute is before the Tribunal from the time when the Registrar receives notice of the dispute from the Tenancy Officer until the time when the Tribunal makes a final determination in respect of the dispute. (9) In the performance of their duties, functions, and powers under this Act, Tenancy Mediators— (a) Shall be subject to the directions of, and responsible to, the Tribunal irrespective of whether or not they are officers or employees of any of the State services, provided that in all other respects Tenancy Mediators shall be subject to the terms and conditions, whether express or implied, of their employment contract or appointment; and (b) Shall be entitled to immunity from suit in respect of any act or matter done or omitted to be done by them in good faith. (10) Tenancy Mediators may perform and exercise their duties, functions, and powers at any place within New Zealand. (11) In respect of any Tenancy Mediator appointed under subsection (3) of this section, the following provisions shall apply: (a) The appointment shall be for a term not exceeding 3 years, but any such appointee may be reappointed from time to time: (b) Any such appointee may be removed from office at any time by the Minister of Housing, and may at any time resign by notice addressed to the Minister of Housing: (c) There shall be paid to every such appointee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 ; and the provisions of that Act shall apply accordingly as if every such appointee were a member of a statutory Board within the meaning of that Act. Subsection (1) was substituted, as from 1 May 1996, by section 31(1) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (2) was substituted, as from 1 May 1996, by section 31(1) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (3) was amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the word “ Corporation ” in each place where that word occurred. Subsection (4) was repealed, as from 1 May 1996, by section 31(2) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (9)(a) was substituted, as from 1 May 1996, by section 31(3) Residential Tenancies Amendment Act 1996 (1996 No 7).