sec.13Deciding minor civil dispute generally

sec.13 Deciding minor civil dispute generally

In a proceeding for a minor civil dispute, the tribunal must make orders that it considers fair and equitable to the parties to the proceeding in order to resolve the dispute but may, if the tribunal considers it appropriate, make an order dismissing the application. For subsection (1) , the tribunal may make only the following final decisions to resolve the dispute— for a claim mentioned in schedule 3 , definition minor civil dispute, paragraph 1 (a) , (b) or (c) — an order requiring a party to the proceeding to pay a stated amount to a stated person; or an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant; or an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in goods or services to which the claim relates; or an order requiring a party to the proceeding to return goods that relate to the claim and are in the party’s possession or control to a stated person; or an order combining 2 or more orders mentioned in subparagraphs (i) to (iv) ; for a tenancy matter—a decision the tribunal may make in relation to the matter under the Residential Tenancies and Rooming Accommodation Act 2008 ; for a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 —a decision or order the tribunal may make in relation to the matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 ; for a claim that is the subject of a dispute under the Building Act 1975 , chapter 8 , part 2A —a decision or order the tribunal may make in relation to the matter under the Building Act 1975 , chapter 8 , part 2A . However, the tribunal can not make an order or decision under subsection (2) that— purports to require payment of an amount, performance of work or return of goods of a value of more than the prescribed amount; or purports to grant relief of a value of more than the prescribed amount from the payment of an amount; or combines 2 or more orders mentioned in subsection (2) (a) (i) to (iv) and purports to award or declare entitlements or benefits (or both) of a total value of more than the prescribed amount. Subsection (3) does not apply to a claim that is the subject of a dispute under the Building Act 1975 , chapter 8 , part 2A . For subsection (3) , the following amounts must not be considered in calculating whether an amount or value is more than the prescribed amount— an amount of interest that is payable as of right whether because of a law, agreement or otherwise; an amount of interest that may be awarded by the tribunal, including, for example, an amount of interest that may be awarded under section 14 . s 13 amd 2011 No. 25 s 105 sch 1 pt 2 ; 2011 No. 27 s 320 ; 2013 No. 3 s 60 sch 1 ; 2014 No. 20 s 238 sch 3 pt 2 ; 2019 No. 12 s 25 ; 2020 No. 15 s 185 (sec.13-ssec.1) In a proceeding for a minor civil dispute, the tribunal must make orders that it considers fair and equitable to the parties to the proceeding in order to resolve the dispute but may, if the tribunal considers it appropriate, make an order dismissing the application. (sec.13-ssec.2) For subsection (1) , the tribunal may make only the following final decisions to resolve the dispute— for a claim mentioned in schedule 3 , definition minor civil dispute, paragraph 1 (a) , (b) or (c) — an order requiring a party to the proceeding to pay a stated amount to a stated person; or an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant; or an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in goods or services to which the claim relates; or an order requiring a party to the proceeding to return goods that relate to the claim and are in the party’s possession or control to a stated person; or an order combining 2 or more orders mentioned in subparagraphs (i) to (iv) ; for a tenancy matter—a decision the tribunal may make in relation to the matter under the Residential Tenancies and Rooming Accommodation Act 2008 ; for a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 —a decision or order the tribunal may make in relation to the matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 ; for a claim that is the subject of a dispute under the Building Act 1975 , chapter 8 , part 2A —a decision or order the tribunal may make in relation to the matter under the Building Act 1975 , chapter 8 , part 2A . (sec.13-ssec.3) However, the tribunal can not make an order or decision under subsection (2) that— purports to require payment of an amount, performance of work or return of goods of a value of more than the prescribed amount; or purports to grant relief of a value of more than the prescribed amount from the payment of an amount; or combines 2 or more orders mentioned in subsection (2) (a) (i) to (iv) and purports to award or declare entitlements or benefits (or both) of a total value of more than the prescribed amount. (sec.13-ssec.4) Subsection (3) does not apply to a claim that is the subject of a dispute under the Building Act 1975 , chapter 8 , part 2A . (sec.13-ssec.5) For subsection (3) , the following amounts must not be considered in calculating whether an amount or value is more than the prescribed amount— an amount of interest that is payable as of right whether because of a law, agreement or otherwise; an amount of interest that may be awarded by the tribunal, including, for example, an amount of interest that may be awarded under section 14 .