Disputes Tribunal Claim (New Zealand)

A Disputes Tribunal Claim in New Zealand sets out the facts and orders sought to commence or respond to a proceeding, in the form required by the Disputes Tribunal Act 1988.

The Tribunal was created to address a long-standing problem in the New Zealand legal system: the cost of litigation in the ordinary civil courts was (and remains) prohibitive for most individuals and small businesses pursuing disputes involving a few thousand dollars. Going to the District Court over a $5,000 dispute could easily cost more in legal fees than the amount being claimed. The Disputes Tribunal was designed to fill this gap.

Under the Disputes Tribunals Act 1988, the Tribunal has jurisdiction to hear civil claims up to NZD $30,000. Where both parties consent, the jurisdiction can be extended to $50,000 under section 13A. The Tribunal operates under a unique principle: lawyers are generally not permitted to represent parties at hearings (section 39). This reduces cost and keeps the proceedings accessible and informal.

Hearings are conducted by a Tribunal referee — a person appointed by the Governor-General on the recommendation of the Minister of Justice, typically a lawyer or community member with legal expertise. The referee conducts the hearing inquisitorially, asking questions and guiding both parties through the process. The hearing is held in private, meaning members of the public cannot attend. The referee's decision (called an order) is binding on both parties and has the same status as a judgment of the District Court.

The types of disputes the Tribunal regularly handles include: claims for faulty goods under the Consumer Guarantees Act 1993; claims for unsatisfactory services; debt recovery; property damage; minor contract disputes under the Contract and Commercial Law Act 2017; disputes about misleading representations under the Fair Trading Act 1986; and tenancy-related disputes where the Tenancy Tribunal does not have jurisdiction.

The claim form helps you document the details of your dispute before filing at the relevant Disputes Tribunal office. Completing this form thoroughly — with accurate dates, specific factual descriptions, and a clear breakdown of the amount claimed — is essential to presenting an effective claim. The Tribunal cannot hear claims involving defamation, most employment matters (which go to the Employment Relations Authority), or matters already before another specialist tribunal.

You should file a Disputes Tribunal Claim when you have a civil dispute involving money, goods, or services worth up to NZD $30,000 that you cannot resolve through negotiation or informal complaint.

Common situations where a Disputes Tribunal Claim is appropriate include:

• A business supplied you with defective goods or performed unsatisfactory services and refuses to provide a repair, replacement, or refund under the Consumer Guarantees Act 1993.
• A tradesperson completed substandard work at your home and refuses to rectify the problem or refund your money.
• Someone owes you money under a written or verbal agreement and has failed to repay it despite your requests.
• A business engaged in misleading or deceptive conduct under the Fair Trading Act 1986 that caused you financial loss.
• Your landlord has wrongfully withheld your bond or caused damage to your property — where the matter is not within the Tenancy Tribunal's exclusive jurisdiction.
• You lent someone money and they have defaulted.
• A car mechanic, builder, or other tradesperson caused damage to your property or vehicle.

Before filing a Disputes Tribunal Claim, you should attempt to resolve the dispute directly with the other party. The Tribunal expects claimants to have made a genuine effort to settle the matter before filing. Bring evidence of your attempts — emails, letters, and records of phone calls.

Time limits apply. Most civil claims must be filed within 6 years from when the cause of action arose (Limitation Act 2010). Do not delay.

A well-prepared Disputes Tribunal Claim should include the following key elements:

1. Claimant details — Your full legal name (or business name), address, phone number, and email. If you are a company, include your NZBN from the New Zealand Business Register.

2. Respondent details — The full legal name and address of the person or business you are claiming against. For companies, confirm the registered name at companiesoffice.govt.nz. The Tribunal needs this information to serve the claim on the respondent.

3. Nature of the claim — A clear statement of the legal basis for your claim (e.g., breach of contract under the CCLA 2017, breach of consumer guarantees under the CGA 1993, misleading conduct under the FTA 1986) and a detailed factual description of the dispute.

4. Claim amount — The total amount of money claimed, with a clear itemised breakdown. The total must not exceed NZD $30,000 (or $50,000 by agreement).

5. Remedy sought — What you want the Tribunal to order: payment of money, repair or replacement, specific performance, or another remedy.

6. Prior resolution attempts — Evidence that you tried to resolve the dispute before filing. This demonstrates good faith and may be considered by the referee.

7. Supporting evidence — A list of the documents, photographs, invoices, contracts, and other evidence you will rely on at the hearing. The forms-legal.com Disputes Tribunal Claim (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.