Section 93 — Residential Tenancies Act 1986: Right of audience

93 Right of audience (1) At any hearing before the Tribunal, every party shall be entitled to attend and be heard, to call evidence, and to examine, cross-examine, and re-examine witnesses. (2) Except as provided in the succeeding provisions of this section, no party shall be entitled to be represented at the hearing by counsel or by a representative, except where— (a) The other party consents; or (b) The amount in dispute exceeds $3,000; or (c) The other party is, or the other party's case is being conducted by, the chief executive acting under section 124 of this Act. (3) The Tribunal may allow any party to be represented by counsel if it considers that it would be appropriate to do so, having regard to— (a) The nature and complexity of the issue involved; or (b) Any significant disparity between the parties affecting their ability to represent their respective cases. (4) Where any party to any proceedings before the Tribunal is represented by counsel, any other party to those proceedings may be represented by counsel. (5) The following parties may be represented by a representative who is approved by the Tribunal: (a) The Crown, if the representative is an officer or employee of the Crown: (b) A corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds a majority interest in it: (c) A person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons: (d) A minor, or other person under disability: (e) Any other person, if the Tribunal is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately. (6) Where a representative of a party is proposed for the Tribunal's approval, the Tribunal shall satisfy itself that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party. (7) The Tribunal shall not appoint under section 94(2)(a) of this Act, or approve under this section, as a representative of a party a person who is or has been enrolled as a barrister and solicitor, or who, in the opinion of the Tribunal, is, or has been, regularly engaged in advocacy work before other tribunals; but this prohibition does not apply where— (a) The person proposed for approval is a person or one of the persons jointly liable or entitled with another or others; or (b) The party seeking to be represented is a company and the person proposed for approval is the majority shareholder of the company; or (c) The person proposed for approval is a person— (i) Who is managing; and (ii) Who was, before the proceedings were commenced before the Tribunal, managing— the party's affairs because of the party's absence, age, or disability. Subsection (2)(c) 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 words “ Director-General ” . Subsection (7)(b) was amended, as from 1 May 1996, by section 37 Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the word “ ; or ” . Subsection (7)(c) was inserted, as from 1 May 1996, by section 37 Residential Tenancies Amendment Act 1996 (1996 No 7).