Section 83 — Residential Tenancies Act 1986: Transfer of proceedings to District Court
Text of the provision Official document
83 Transfer of proceedings to District Court (1) Where any proceedings have been commenced before the Tribunal that the Tribunal has no jurisdiction to hear and determine, the Tribunal may, instead of striking out the proceedings, order that they be transferred to a District Court in its ordinary civil jurisdiction. (2) The Tribunal may order that any proceedings be transferred to a District Court in its ordinary civil jurisdiction if the Tribunal is satisfied that the proceedings would be more properly determined in that Court. (3) The Tribunal shall not make an order under subsection (1) or subsection (2) of this section in respect of a claim if any agreement of a kind described in section 81(2) of this Act requires that the claim be submitted to arbitration. (4) Any proceedings transferred to a District Court under this section shall be deemed to have been commenced by action in that Court, and shall be dealt with by that Court accordingly. Subsection (2) was substituted, as from 1 May 1996, by section 33 Residential Tenancies Amendment Act 1996 (1996 No 7).
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →