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Manufactured Homes (Residential Parks) Act 2003
sec.82Dispute resolution and application to tribunal about proposal
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### sec.82 Dispute resolution and application to tribunal about proposal
This section applies if—
there is a dispute about a proposal to change a park rule for a residential park for which the park owner has given each objector a non-resolution notice; or
the park owner or a home owner for a residential park is dissatisfied with a proposal decision of a park liaison committee.
If an objector intends to continue to dispute the proposal, the objector must, within 7 days after receiving the non-resolution notice, apply to the registrar under section 108 (1) to refer the dispute for mediation.
If the park owner or home owner intends to dispute the proposal decision, the park owner or home owner must, within 7 days after receiving notice of the decision under section 81 (4) , apply to the registrar under section 108 (1) to refer the dispute for mediation.
An objector, the park owner or home owner may, subject to section 116 , apply to the tribunal for an order declaring the proposal to be reasonable or unreasonable.
An application made to the tribunal under subsection (4) must include particulars of why the proposal is considered to be reasonable or unreasonable.
A single application to the tribunal may be made by more than 1 home owner if it is made by—
at least 5 home owners; or
if the park has less than 10 sites—a majority of the home owners.
In subsection (4) , a reference to the proposal includes the proposal as decided to be changed by the park liaison committee under section 81 (2) .
s 82 amd 2017 No. 42 s 41
(sec.82-ssec.1) This section applies if— there is a dispute about a proposal to change a park rule for a residential park for which the park owner has given each objector a non-resolution notice; or the park owner or a home owner for a residential park is dissatisfied with a proposal decision of a park liaison committee.
(sec.82-ssec.2) If an objector intends to continue to dispute the proposal, the objector must, within 7 days after receiving the non-resolution notice, apply to the registrar under section 108 (1) to refer the dispute for mediation.
(sec.82-ssec.3) If the park owner or home owner intends to dispute the proposal decision, the park owner or home owner must, within 7 days after receiving notice of the decision under section 81 (4) , apply to the registrar under section 108 (1) to refer the dispute for mediation.
(sec.82-ssec.4) An objector, the park owner or home owner may, subject to section 116 , apply to the tribunal for an order declaring the proposal to be reasonable or unreasonable.
(sec.82-ssec.5) An application made to the tribunal under subsection (4) must include particulars of why the proposal is considered to be reasonable or unreasonable.
(sec.82-ssec.6) A single application to the tribunal may be made by more than 1 home owner if it is made by— at least 5 home owners; or if the park has less than 10 sites—a majority of the home owners.
(sec.82-ssec.7) In subsection (4) , a reference to the proposal includes the proposal as decided to be changed by the park liaison committee under section 81 (2) .
- (a) there is a dispute about a proposal to change a park rule for a residential park for which the park owner has given each objector a non-resolution notice; or
- (b) the park owner or a home owner for a residential park is dissatisfied with a proposal decision of a park liaison committee.
- (a) at least 5 home owners; or
- (b) if the park has less than 10 sites—a majority of the home owners.