67Determination of claims of unconscionable conduct

67 Determination of claims of unconscionable conduct

(1)  A landlord or a tenant who suffers loss or damage as a result of the unconscionable conduct of another person in contravention of section 68 or 69 may apply to a prescribed body or prescribed person to recover the amount of the loss or damage from the other first-mentioned person.

(2)  In determining whether section 68 or 69 has been contravened, the prescribed body or prescribed person –

(a) must not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and

(b) may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement.