Part 6 Powers of Tribunal and Tenancy Commissioner
80–82 (Repealed)
83 Jurisdiction and functions of the Tribunal
(1), (2) (Repealed)(3) The Tribunal has jurisdiction in respect of a claim by a landlord or a tenant under a residential tenancy agreement in respect of a rental bond.
(1) The Tribunal may, in any proceedings before it, make any one or more of the following orders:(a) an order for which an application may be made by any person (whether under this or any other Act) to the Tribunal,(b) an order arising out of the Tribunal’s jurisdiction with respect to rental bonds,(c) an order that varies or sets aside, or stays or suspends the operation of, any order made in the proceedings or in earlier proceedings,(d) any ancillary order which the Tribunal thinks appropriate.(2) An order may be made by the Tribunal:(a) in the absence of any party, or(b) as an interim order,or both.(3) The Tribunal shall not make an order for:(a) the payment of an amount that exceeds $5,000 or such other amount as may be prescribed, or(b) the performance of work or the taking of steps the cost of which may or will exceed $5,000 or such other amount as may be prescribed.
Division 3 Powers of Tenancy Commissioner
95 Tenancy Commissioner may represent tenant
In any proceedings before the Tribunal, a tenant may, notwithstanding anything in section 33 of the Residential Tribunal Act 1998, be represented by the Tenancy Commissioner or by a barrister, solicitor or agent for the Commissioner.
96 Tenancy Commissioner may take or defend proceedings
(1) If a tenant, not being a corporation, has made a complaint to the Tenancy Commissioner and the Commissioner:(a) after investigating the complaint, is satisfied that the tenant may have a right to take or defend proceedings before the Tribunal, and(b) is of the opinion that it is in the public interest that the Commissioner should take or defend those proceedings on behalf of the tenant,the Commissioner, may, with the consent of the tenant, take or defend those proceedings on behalf of and in the name of the tenant.(2) If the Minister so directs and the tenant consents, the Commissioner shall take or defend proceedings before the Tribunal on behalf of a tenant.
97 Conduct of proceedings by Tenancy Commissioner
If the Tenancy Commissioner takes or defends proceedings before the Tribunal on behalf of a tenant:(a) the Commissioner shall have the conduct of those proceedings on behalf of the tenant, may appear personally or by barrister, solicitor or agent and may do all such things as are necessary or expedient to give effect to an order or a decision of the Tribunal,(b) the Commissioner is liable to pay the costs (if any) of the tenant, and(c) the tenant is liable to pay any other amount that the Tribunal orders the tenant to pay.
98 Intervention by Tenancy Commissioner
(1) Without limiting section 96, the Tenancy Commissioner may, if the Commissioner is of the opinion that it would be in the public interest to do so, or, at the direction of the Minister shall, intervene, and has a right to be heard personally or by barrister, solicitor or agent, in any proceedings arising under any Act before the Tribunal.(2) The Commissioner, on intervening in any proceedings, becomes a party to the proceedings and has all the rights of such a party.