sec.71DCriteria for tribunal to confirm or reduce proposed increase

### sec.71D Criteria for tribunal to confirm or reduce proposed increase The tribunal may make an order for a proposed increase in site rent under section 71C (5) (a) or (b) if satisfied of the following matters— the proposed increase has not been included wholly or partly in an increase of site rent under— the site agreement; or an order under section 70 (4) ; or an agreement mentioned in section 71A (2) ; or a previous order under section 71C (5) ; for a proposed increase to cover an operational cost—that if the site rent is not increased as proposed, the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17 ; for a proposed increase to cover a repair cost— the matter mentioned in paragraph (b) ; and the park owner could not reasonably have obtained insurance to cover the cost. s 71D ins 2017 No. 42 s 36 (sec.71D-ssec) The tribunal may make an order for a proposed increase in site rent under section 71C (5) (a) or (b) if satisfied of the following matters— the proposed increase has not been included wholly or partly in an increase of site rent under— the site agreement; or an order under section 70 (4) ; or an agreement mentioned in section 71A (2) ; or a previous order under section 71C (5) ; for a proposed increase to cover an operational cost—that if the site rent is not increased as proposed, the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17 ; for a proposed increase to cover a repair cost— the matter mentioned in paragraph (b) ; and the park owner could not reasonably have obtained insurance to cover the cost. - (a) the proposed increase has not been included wholly or partly in an increase of site rent under— (i) the site agreement; or (ii) an order under section 70 (4) ; or (iii) an agreement mentioned in section 71A (2) ; or (iv) a previous order under section 71C (5) ; - (i) the site agreement; or - (ii) an order under section 70 (4) ; or - (iii) an agreement mentioned in section 71A (2) ; or - (iv) a previous order under section 71C (5) ; - (b) for a proposed increase to cover an operational cost—that if the site rent is not increased as proposed, the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17 ; - (c) for a proposed increase to cover a repair cost— (i) the matter mentioned in paragraph (b) ; and (ii) the park owner could not reasonably have obtained insurance to cover the cost. - (i) the matter mentioned in paragraph (b) ; and - (ii) the park owner could not reasonably have obtained insurance to cover the cost. - (i) the site agreement; or - (ii) an order under section 70 (4) ; or - (iii) an agreement mentioned in section 71A (2) ; or - (iv) a previous order under section 71C (5) ; - (i) the matter mentioned in paragraph (b) ; and - (ii) the park owner could not reasonably have obtained insurance to cover the cost.