We have all heard the lament that taking someone to court is painful – it is expensive, slow and time-consuming.
The New Zealand government has recognised this and set up a number of specialist tribunals. The intention is that a person can bring their claim to a tribunal instead of a more formal Court. There are benefits - the claim should be heard sooner, will cost less and be more private.
A quick search of the Ministry of Justice website lists 31 different tribunals. These include tribunals that deal with immigration, alcohol licensing, tax, real estate, human rights, accident compensation etc. A few of the more familiar tribunals are the Waitangi Tribunal, Tenancy Tribunal and the Disputes Tribunal.
Before you can bring a claim in a tribunal you must ensure that the claim is suitable for the tribunal – in legal speak, the claim must fall within the jurisdiction of the tribunal. One way of ascertaining this is to visit the Ministry of Justice website and follow the link to the specific tribunal. The website has helpful user guides.
Now for some examples:
Disputes Tribunal is for disputes that are contractual in nature. It cannot be used to collect undisputed debts, disputes about tax, rates, ACC, Wills, land etc. The amount of the claim must be less than $15,000 but can be up to $20,000 if the parties agree.
Motor Vehicle Disputes Tribunal is for disputes between consumers and motor vehicle traders. It cannot be used for disputes over private vehicle sales. The dispute must be $100,000 or less (however the parties can agree to tribunal hearing claims for a larger amount).
The tribunals apply the law relevant to its jurisdiction. The Motor Vehicle Disputes Tribunal will apply the following Acts:
Consumer Guarantees Act 1993;
Fair Trading Act 1986;
Sale of Goods Act 1908; and
Contractual Remedies Act 1979.
If you bring a claim in a tribunal you should state your claim in terms of the relevant law. This is where a bit of professional legal advice goes a long way. The onus is on the party bringing the claim to ‘prove their case’. This often means you need to tick all of the boxes required by the relevant law. If defending a claim, you need to know what defences are available by law.
I often hear of people asking a supplier to reimburse the repair costs of an item they purchased. Such claims often fail because the person has not complied fully with section 18 of the Consumer Guarantees Act in that they have not asked the supplier to ‘remedy’ the problem before they had it fixed elsewhere.
We recommend that if you have a dispute check to see if it falls within the jurisdiction of a tribunal. If so, investigate the basis of your claim (which law applies) and get a little legal advice in structuring your claim (or defending it) to make sure you tick all of the right boxes.
