62Determination of matter by Tribunal

62 Determination of matter by Tribunal

[Section 62 Substituted by No. 9 of 2023, s. 63, Applied:01 Jul 2024]

(1)  For the avoidance of doubt, in determining a matter that is within the jurisdiction of the Tribunal by virtue of this Part –

(a) the Tribunal is to take into account the provisions, or terms, of each of the following that are applicable to the matter:

(i) this Act and any other relevant Act;

(ii) the NCC;

(iii) the Guide to Standards and Tolerances approved by the Director under section 82 ;

(iv) each contract, entered into in respect of the residential building work, that forms the basis of the matter, including each variation of, and amendment to, that contract;

(v) each of the following notices and orders made or issued under the Building Act 2016 in respect of the residential building work that forms the basis of the matter:

(A) a defective work order made under section 209A of that Act;

(B) a notice issued under Division 2 of Part 18 of that Act;

(C) an order made under Division 3 of Part 18 of that Act;

(vi) each approval, or document, given, issued or otherwise granted –

(A) in respect of the residential building work that forms the basis of the matter; and

(B) under, or in accordance with, an Act; and

(b) section 79 of the TASCAT Act applies in respect of the Tribunal.

(2)  In addition to any other power that the Tribunal has under the TASCAT Act, the Tribunal may take one or more of the following actions when determining proceedings for a matter that is within the jurisdiction of the Tribunal by virtue of this Part: