You can use the Disputes Tribunal to settle disputes involving small claims so you don't have to go to court. You'll need to fill out a form plus pay a fee and give us specific information to make a claim.
What to do if you've gotten a notice of hearing that someone has made a claim against you in the Disputes Tribunal. You can find a Disputes Tribunal at almost every District Court in New Zealand - they share the same contact details with the court. This page was last updated: 7th September Skip to main content.
Please consider upgrading to one of these newer, faster, safer and free browsers. Please enable JavaScript You need to enable JavaScript in your browser for some website functionality to work properly. Close Close this alert. Tenancy Tribunal hearings take place in courts around the country. More information on abandoned properties Your case could be delayed if: paperwork has not been completed properly tenants or landlords aren't prepared for the tribunal hearing the case is more complicated than expected.
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Am I eligible? Who are our lawyers? Free legal help Overview How does it work? Specialist Help YouthLaw. Browse all topics. Hide topics. Community life Neighbourhood life Harassment and bullying. Making a claim Overview The Disputes Tribunal process The following flowchart summarises the process of making or responding to a claim in the Disputes Tribunal. How do I take a claim to the Disputes Tribunal? Disputes Tribunal Act , s 24 ; Disputes Tribunal Rules , rule 4, form 1 To take a dispute to the Disputes Tribunal, you must fill in a claim form and then either post it or take it in person to the local District Court.
Giving details of your claim On the claim form, the applicant needs to provide clear details of the dispute and what result they are looking for. In general, an applicant should cover the following information: what happened? Examples of appropriate information for specific types of disputes Following are examples of specific types of disputes and the information the applicant might provide in their claim: Disputes about goods supplied what are the goods?
Disputes about work done what work has been done? In some circumstances, you can also have someone represent you — for example, if you have a disability, or poor English that makes it difficult for you to communicate, or you are under This person cannot be a lawyer. How should I prepare? People often turn up for a hearing without being ready, and cases have to be dismissed or reconvened.
There are several things you should do:. What will happen at the hearing? The referee will introduce everyone and explain the process. Each side will be given a chance to explain their point of view. The referee may question each side and invite them to question each other. It may become apparent that the sides can agree. If not, the referee will issue a decision and explain the reasons for it.
Do I need to know the law? If you believe a piece of legislation is relevant, refer to it in your submission. The referee will determine whether it applies. Do I need a good legal argument?
But it will certainly help if you present your view in a calm and collected manner, focusing on the central issues. Listen to the other party and the referee, and be reasonable without compromising your legitimate rights. Do I need expert witnesses? That depends on the kind of case it is.
If it involves, for example, a builder who did a bad job on your new deck, it will be useful to have a report from a building inspector. Try to find an impartial witness. What sort of decisions can a referee make? Referees can order that money be paid, property be delivered or work be carried out to remedy a problem. They can order that a person is not liable for a debt, or alter or cancel agreements. They can also dismiss a claim. However, you may appeal only on the grounds the procedure was unfair and produced a prejudiced result.
A specific example of procedural unfairness is if the referee fails to have regard to any law that was brought to their attention at the hearing. What if I later find out some valuable new information?
You usually have to do this within 28 days of the original decision, although sometimes a later application will be accepted. What if the decision is against me? The decision is a court order — you must comply with it. Enforcement action can be taken against you if you do not abide by the decision. What if the decision is for me? You may still have difficulty in getting the money or the work done that was ordered.
To do this, you must supply an up-to-date street address not just a box number and phone number for the other party. What does enforcement action consist of? There are 2 main approaches. Both parties are required to be at this hearing. If the registrar decides payment should occur, it might be handled by instalment or deduction from income.
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