A Tribunal hearing is held by a Tribunal Referee in private with you and the trader. The Referee helps you and the trader try to reach an agreement. If you can' agree, the Referee will look at the law and the facts of your case and decide what is fair.

The Disputes Tribunal also deals with disputes between private individuals.

The Tribunals are administered by the Ministry of Justice [external website].

Information on using the specialist Motor Vehicle Disputes Tribunal is available in the Motor Vehicles section - Resolving your dispute.

The Tribunal can hear consumer claims about

whether work has been done properly - eg, whether professional wedding photographs are of an acceptable standard
whether the goods you paid for were the goods you asked for - eg, when your sofa is covered in fabric different from the fabric you ordered
whether the amount to be charged for goods or for work done is much higher than the quote you were given - eg, the final bill to repair your bike is higher than the quote given to you
whether a trader is liable when your property goes missing while it is in for repairs
whether advertising claims are false or misleading and you suffer loss or damage as a result - eg, when an advertisement makes you think a CD player is included in the price of a stereo system when in fact it is an extra cost
there has been a breach of the Hire Purchase or Credit Contracts Acts.

The Tribunal can order

payment for loss or damage
repair of or parts for faulty goods
repair of damage
changes to an agreement
cancellation of an agreement
refund of money or return of property
that money is claimed not owed
that the claim be dismissed.

Who can use the Disputes Tribunal?

Anyone can make a claim even if they have agreed not to or where a contract says 'no responsibility accepted'.

Cost of filing claim

The Tribunal can deal with claims up to $7,500 (or up to $12,000 if both parties agree).

$30 for claims under $1,000
$50 for claims from $1,000 to less than $5,000
$100 for claims from $5,000 to less than $7,500
$100 for claims from $7,500 up to $12,000

Making a claim

Get a 'Notice of Claim' form from your local District Court. Fill in the form giving details of the dispute. Give it to the court staff and pay the hearing fee.

You and the trader will be told the date, time and place of the hearing. A hearing is usually held within six weeks of making a claim, although it could take longer dependent on the number of current claims.

Your claim will be heard in the Disputes Tribunal nearest to where the claim is made.

If you live some distance from the trader you have a dispute with, consider making a claim first. If the trader makes the claim first it could be heard at a place which you cannot easily get to.

Preparing for the hearing

Plan what you will say at the hearing. Write down what happened. Gather documents, letters, or anything else that helps prove what you say. Ask witnesses if they will give evidence for you. Decide what result you want.

Assistance at hearing

If you are under 18, have a disability, or need help to prepare your case, you can have someone speak for you. This person cannot be a lawyer. Tell the Tribunal staff that you will have someone to help you.

If you need an interpreter, make an application in writing (someone could do this for you) to the Disputes Tribunal well before the hearing.

You can ask if support people can sit with you during the hearing. A support person can' speak for you.

Lawyers cannot represent you at a Disputes Tribunal hearing.

If you want help to prepare your claim you can ask:

a Citizens Advice Bureau
a Community Law Centre if there is one in your area.

Staff at the District Court will answer questions about the Disputes Tribunal. Disputes Tribunals are part of the District Court and are listed under "Courts" in the Blue Pages of your phone book.

Missing the hearing

You must go to the hearing on the day set. If you made the claim and you don't go to the hearing the case is dismissed. It will be difficult to get a new hearing

If you go to the hearing and the trader doesn't turn up the Referee can either hear the case and make a decision, or set a new date for the hearing.

Rehearings

You (or the trader) can apply for a rehearing within 28 days if:

you couldn't get to the hearing and you have a good reason
an important witness couldn't get to the hearing
you find out new facts about the dispute after the hearing is over.

Appealing a decision

You cannot appeal a decision simply because you didn't like the decision the referee made.

You can appeal a decision where you believe the Referee conducted your hearing in a way which was unfair and that conduct affected the outcome.

You have 28 days in which you can file an appeal against the decision. You must be able to persuade a District Court judge that the hearing was conducted in an unfair way. Staff at the District Court can tell you how to file an appeal.

Appeals are heard by a District Court judge (not in Court). The judge can:

send the claim back to the Tribunal for a rehearing, or
refer the claim to the District Court, or
dismiss the claim.

Enforcing decision of Tribunal

Decisions made by the Disputes Tribunal are not automatically enforced.

If the Referee makes a decision in your favour the trader has 28 days to do what the Referee ordered. If the trader does not do what was ordered you can go to the District Court to apply for the order to be enforced. You will need the name and address of the trader and a copy of the Referee's decision.

You may apply to the Court for the trader to attend a hearing to examine their financial situation or apply to have a bailiff demand payment from the trader.

You may apply for a Distress Warrant (to have a bailiff demand payment from the seller) or for an Order of Examination (the seller will be ordered to attend a hearing to examine their financial situation with a view to determining how payment will be made).

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