Disputes Tribunal quick and cheap

The Disputes Tribunal handles claims up to $15,000 (or $20,000 if both parties agree). There must be a dispute between the parties and the tribunal cannot hear a claim unless a dispute exists (not just a failure to pay).

Each party must present its own case and lawyers are not permitted to represent any party.

This is designed to try to keep the process simple, quick and costeffective for small claims.

Common types of claims made are for loss caused owing to negligence (eg, car crashes), non return of property (eg, borrowed equipment), quality of work done, goods not the quality advertised, boundary fences and who pays etc.

The tribunal cannot cover disputes over rates, taxes, benefits, ACC, care of children, matrimonial property, land ownership, trade secrets, copyright, wills and goodwill valuations.

You can make a claim at any district court and get assistance from the staff to fill in the form.

You need to provide your name and address and the name and address of the person/organisation your dispute is with.

You also need to provide details of your insurance company if the property is insured.

The tribunal will notify your insurer of the claim.

You also need to give details of the dispute. This is usually what, where and when things happened and what your loss is. The filing fees for claims are: Less than $2000: $45. $2000, but less than $5000: $90 $5000 or more: $180. A lawyer can help you prepare your claim and also to prepare for the hearing.

That could include structuring you evidence so you present all the relevant documents and evidence or make the appropriate legal submissions.

You will need to attend the hearing along with all your witnesses.

The referee will usually ask the claimant to present their case first and witnesses give their evidence and are questioned by the referee and each party.

The defendant then presents their case and evidence.

The referee will encourage the parties to discuss any possible settlement.

If there is no settlement, the referee will make a decision on the claim.

That can involve paying money or doing work or handing over possession of goods etc.

If you receive a claim, you can attempt to settle the claim by negotiating with the claimant or defend the claim by attending the hearing.

You can ask to attend by phone if you live in a different part of the country.

If you have a counter-claim, you need to file that with the tribunal and it will be dealt with at the same time as the other party’s claim.

To prepare for the hearing, it helps if you write down what you want to say and bring copies of all relevant documents for the tribunal and other parties.

You must organise for your witnesses to attend and it helps your case if they are fully prepared as to what they are going say.

You may also bring a support person to the hearing.

They are there only to support and are not an advocate for you.

People under 20 or with a disability that makes communication difficult may be represented.

The representative must be approved by the tribunal and it pays to do that in advance. You cannot use a lawyer as a representative.

You can apply for a rehearing or appeal within 28 days of the decision.

A rehearing may be for example if there is new information available.

The grounds of appeal are very limited and relate only to the referee conducting the hearing in an unfair way that prejudiced your case.

Any appeal is heard by the District Court.