Chapter 7

Supplementary procedural matters

109. —(1) The procedure to be followed under this Part in relation to a dispute shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.

(2) Without prejudice to the generality of subsection (1), rules under this section may—

(a) specify the forms to be used for referring a dispute to the Board under this Part,

(b) require specified notifications to be given in respect of the referral of a dispute to the Board under this Part,

(c) specify that a fee of specified amount shall be paid to the Board in respect of the Board's initially dealing with a dispute or the following of any other procedure under this Part in relation to it,

(d) specify the period within which—

(i) a mediator or adjudicator must be appointed under section 93 (2) or (3) or section 94 (a) to deal with or determine a dispute referred to the Board,

(ii) a mediator or adjudicator must furnish his or her report under section 95 or 99 to the Board,

(iii) the Board must serve the documents referred to in subsection (1) of section 96 on each of the parties and ascertain the matters referred to in that section,

(iv) the Board must serve the documents referred to in section 99 (3) on each of the parties,

(v) a dispute must be referred under section 94 , 96(6) or 100 to the Tribunal,

(vi) the Board must, from the date of receipt by it of a determination of an adjudicator under section 97 (4)(a) (contained in a report made to it under section 99 ), make a determination order on foot of that determination,

(vii) the Tribunal must, from the date of a dispute being referred to it, or a determination in relation to a dispute being appealed to it, arrange a hearing in relation to the dispute,

(viii) the Tribunal must, from the date of completion by it of a hearing or hearings in relation to a dispute, make its determination in relation to the dispute,

(ix) the Board must, from the date of receipt by it of a determination of the Tribunal under section 108 make a determination order on foot of that determination, and

(x) the Board must make an application under section 124 to enforce a determination order on being notified that that order is not being complied with.

(3) In the absence of a specification, by rules under this section, of the period within which a thing referred to in a provision of this Act specified in subsection (2)(d) must be done, the provision shall be construed as requiring the thing to be done as soon as practicable after the doing of the thing that immediately precedes it.

110. —The title to any lands or property shall not be drawn into question in any proceedings before a mediator, an adjudicator or the Tribunal under this Part.

111. —(1) Subject to subsection (3), a mediator, an adjudicator or a member of the Tribunal or the Board who is dealing with a dispute under this Part may, for the purposes of his or her functions under this Part, enter and inspect any dwelling to which the dispute relates.

(2) The powers under subsection (1) may be exercised in relation to a dwelling to which a dispute relates even though the dwelling is occupied by a person who takes no part in the proceedings concerned or initially takes part in them but subsequently withdraws from them.

(3) The powers under subsection (1) shall not, without the consent of that person, be exercised in relation to a dwelling occupied by a person referred to in subsection (2) unless, at least 24 hours before the date on which the person concerned intends to exercise those powers, he or she serves on the first-mentioned person a notice of that intention.

(4) A person mentioned in subsection (1) may authorise in writing a person who he or she is satisfied has an expertise in any area relevant to the dispute concerned (for example, engineering, valuation or surveying) to exercise the powers under that subsection in relation to the dwelling concerned; a person so authorised shall, if requested, produce to any person concerned his or her authorisation under this subsection before exercising the powers under subsection (1).

(5) A person who obstructs or impedes a person mentioned in subsection (1), or a person authorised under subsection (4), in the exercise of his or her powers under this section is guilty of an offence.

112. —(1) A mediator or adjudicator shall not disclose to any person any statement or information of a confidential nature made or supplied to the mediator or adjudicator in connection with the performance of his or her functions under this Part unless one or more of the conditions specified in subsection (2) is complied with.

(2) The conditions referred to in subsection (1) are—

(a) the person who makes the statement or supplies the information consents to its disclosure,

(b) the mediator or adjudicator has reasonable grounds for believing that the disclosure is necessary to prevent or reduce the danger of injury to any person or damage to any property,

(c) the disclosure is for the purpose of proceedings for an offence under section 113 ,

(d) it would not be possible for the mediator or adjudicator to deal with or determine the dispute concerned without disclosing the statement or information.

(3) A statement or information is of a confidential nature for the purposes of subsection (1) if—

(a) it was expressed to be of such a nature by the maker or supplier of it to the mediator or adjudicator, or

(b) from the circumstances in which it was made or supplied to him or her or its subject matter, the mediator or adjudicator ought reasonably to have concluded that it was of such a nature.

(4) A person who contravenes subsection (1) is guilty of an offence.

113. —A person is guilty of an offence if—

(a) he or she makes a statement or supplies information to an adjudicator, the Tribunal or the Board in connection with the performance by the adjudicator, Tribunal or Board of his or her or its functions under this Part in relation to a dispute,

(b) that statement or information is false or misleading in a material respect, and

(c) the person knows that that statement or information is so false or misleading.

114. —(1) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator for the purposes of, or in connection with, proceedings under this Part dealt with by it or him or her shall, for the purposes of the law of defamation, enjoy absolute privilege.

(2) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator that does not fall within subsection (1) but which is prepared or made for the purposes of, or in connection with, the performance by it or him or her of functions under this or any other Part of this Act shall, for the purposes of the law of defamation, enjoy qualified privilege.