78Unpaid utility charges

78 Unpaid utility charges

78 Unpaid utility charges

(1) The operator of a community or a third party supplier may charge a fee for a late or dishonoured payment if—

(a) the payment relates to utility charges payable by a home owner or tenant for the use of electricity, and

(b) the fee is not more than the amount that the operator or third party supplier can charge as a retailer or exempt seller.

(1A) The operator may charge a fee for a late or dishonoured payment if—

(a) the payment relates to utility charges payable by a home owner or tenant for the use of a utility other than electricity, and

(b) the fee is not more than the amount that could have been charged if the service was supplied directly to the home owner or tenant by the utility service provider.

(2) The operator or third party supplier may apply to the Tribunal for an order requiring the home owner or tenant to pay to the operator or third party supplier—

(a) any unpaid utility charge, or

(b) any unpaid fee for late payment, or

(c) any unpaid fee for a dishonoured payment.

(3) The Tribunal may, on application under this section, make—

(a) an order requiring the home owner or tenant to pay the unpaid charge or fee (or a specified part of it) within a specified period, and

(b) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.

(4) The Tribunal may determine the application without conducting a hearing with the consent of the parties.

s 78: Am 2024 No 46, Sch 1[19]–[21].