The Motor Vehicle Disputes Tribunal (MVDT) can hear claims under the Consumer Guarantees Act, the Fair Trading Act, and the Sale of Goods Act. The MVDT is administered by the Ministry of Justice [external website].

Jurisdiction

The MVDT can only decide claims where one party is a motor vehicle trader, and the other party is not. It can decide claims of up to $50,000 (or more with the written consent of the parties). However, claims can still be brought to the non-specialist Disputes Tribunal for up to $7,500 (or $12,000 with the consent of the parties).

Filing a Claim

Claims can be filed directly with the MVDT. The MVDT can be contacted by:

Telephone: 0800 FORMVDT (0800 367 6838),

or write to:

Motor Vehicle Disputes Tribunal,
Private Bag 92020
Auckland 1142

or visit:

Level 10,
Auckland District Court, Entrance via 3 Kingston Street,
Auckland.

The MVDT will refer a claim to the other party, known as the respondent, and require both parties to discuss and attempt to resolve the claim. The respondent must then give a written report of the discussion to the MVDT within 14 days.

If the claim was not resolved or if the applicant wants to carry on with the claim, then the MVDT will set a date for a hearing and notify both parties.

The Hearing

Hearings are not open to the public and lawyers are not allowed to attend. Both parties must attend the hearing. Parties cannot be represented by someone else unless the adjudicator agrees or a party is either a minor or has a disability.

The adjudicator is a lawyer with at least five years' experience, and may be assisted by an assessor who will have technical expertise.

Orders

The MVDT may make any of the orders it has available to it under the Consumer Guarantees Act, Fair Trading Act, or Sale of Goods Act depending on the claim that was brought.

Where a vehicle is on credit sale or purchased with finance arranged by the trader, and the MVDT finds that the applicant can reject the vehicle under the Consumer Guarantees Act, or cancels the sale under the Fair Trading Act, the MVDT may order that the rights and obligations of the buyer vest in the trader. This means that the trader becomes liable to the creditor for the outstanding debt under the credit contract.

Decisions

The adjudicator must give their decision in writing, including the reasons for the decision. If an order is made against you as a motor vehicle trader and you do not abide by the decision, the consumer can go to the District Court to enforce the order.

Appeals

You can choose to appeal the decision of the MVDT. You must file your appeal at the District Court within 10 working days after being given notice of the decision.

If the total claim is over $12,500 the District Court may consider whether the MVDT decision was wrong in fact or law, or that the proceedings were unfair to the appealing party and this prejudiced the result. If the claim is less than $12,500 then the claim can only be appealed if the proceedings were conducted in a manner that was unfair to the appealing party and this prejudiced the result.

Publicising Details of an Order

Where the MVDT finds against a trader the notice will be published in the New Zealand Gazette [link to external website]. This lists the name of the individual or company, and/or their trading names and the amount awarded against them. A copy of the Tribunal's decision may be obtained from Disputes Tribunals [external website].

Adjudicators' Annual Reports

Motor Vehicle Disputes Tribunal Adjudicators are required under section 87 of the Motor Vehicle Sales Act to submit an annual report to the Minister of Consumer Affairs.

→ Motor Vehicle Disputes Tribunal Adjudicators' Annual Reports

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