Residential Tenancies Amendment Act 2020

54 New section 95A inserted (Suppression orders)

(1)

After section 95, insert:

95A Suppression orders

(1)

The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

(2)

The Tribunal must, if the chief executive acts in the place of a party under section 124A, order that the name and any identifying particulars of that party not be published.

(3)

Subsection (4) applies to proceedings whether or not subsection (1) or (2) also applies to the proceedings.

(4)

The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

(5)

An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.

(6)

An order under subsection (4), or a condition under subsection (5), must not be inconsistent with subsection (1) or (2) (to the extent that those subsections also apply to the proceedings).

(2)

After section 95A(1) (as inserted by subsection (1) of this section), insert:

(1A)

The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published.

(3)

In section 95A(3) (as inserted by subsection (1) of this section), replace “subsection (1) or (2)” with “any of subsections (1) to (2)”.

(4)

In section 95A(6) (as inserted by subsection (1) of this section), replace “subsection (1) or (2)” with “any of subsections (1) to (2)”.