Small claims: the Disputes Tribunal
If you have a money dispute of up to NZ$60,000 with a business, a tradesperson, a neighbour or the other driver in a car crash, you can take it to the Disputes Tribunal. It is faster, cheaper and less formal than a court. You cannot have a lawyer represent you at the hearing. Its decisions are legally binding. You can apply online. The application fee depends on how much you claim and starts at NZ$62.
Key facts
- Maximum claim
- NZ$60,0001
- Fee: claims under NZ$2,000
- NZ$622
- Fee: NZ$2,000 to under NZ$5,000
- NZ$1242
- Fee: NZ$5,000 to NZ$30,000
- NZ$2482
- Fee: NZ$30,001 to NZ$60,000
- NZ$4962
- Is the fee refundable?
- No. But if you win (fully or partly), the referee may order the other party to pay you back the fee2
- Time limit to apply
- Usually within 6 years of the event that caused the dispute3
- Lawyers
- A lawyer cannot represent you at the hearing, but you can get legal advice beforehand4
- Interpreters
- If you have difficulty with English, you can ask for an independent interpreter. This is free4
- Appeal to the District Court
- Within 20 working days of the decision. The fee is NZ$275. The only ground is that the hearing was conducted unfairly and this affected the result5
Who is this for, and what are the requirements?
- The Tribunal can deal with: car crashes and other vehicle damage (including damage to a car you lent someone)
- The Tribunal can deal with: property disputes, such as fences, tree roots damaging drains, damage to belongings, things you lent that were not returned, and flatmates who did not keep to an agreement
- The Tribunal can deal with: disputes about goods or services, such as products that don't work, poor work by a tradesperson, disputed charges, losses caused by misleading advertising, and disputed debts
- The Tribunal can deal with: contract and business agreement disputes. You can still apply even if you signed an agreement saying you would not go to the Disputes Tribunal
- The Tribunal cannot deal with: tenancy disputes (between landlords and tenants) or body corporate issues. For tenancy disputes, contact Tenancy Services / the Tenancy Tribunal
- The Tribunal cannot deal with: rates, tax, social welfare benefits, ACC payments, intellectual property, employment, wills, land, or family law (relationship property, care of children)
- The Tribunal cannot deal with: debts the other party admits they owe but simply haven't paid. The Disputes Tribunal is not a debt collection agency
How do I do it? Steps and process
- Check whether you can apply
Check that your type of dispute is one the Tribunal can deal with and that the amount is NZ$60,000 or less. Civil disputes over NZ$60,000 and up to NZ$350,000 usually go to the District Court.
- Gather your evidence
Collect letters, invoices, receipts, contracts, quotes, photos and police reports. Write down the main points you want to make. If you have witnesses, ask them early to come to the hearing.
- Apply online (fastest)
On the Disputes Tribunal website, select Apply online, fill in the form and pay the fee for your claim amount. Online applications go straight to the Disputes Tribunal team, who check them and arrange a hearing. You don't need to visit a court before the hearing, and you can upload extra documents online.
- Or send a paper form
Fill in the Disputes Tribunal claim form. Send 3 copies of the form and your other documents by post to the Ministry of Justice, or hand them in at your local District Court. For paper applications, you can pay at the court by EFTPOS, credit card or cash.
- Attend the hearing
A referee runs the hearing. There is no judge or jury. Hearings are private, usually held in a small meeting room, and you don't need to dress formally. Each side explains their case. The referee will first try to help you both reach an agreement. If you can't agree, the referee makes a decision. Approved agreements and decisions are both legally binding.
- If you disagree with the decision
If something stopped a correct decision being made (for example, you did not receive notice of the hearing), you can apply for a rehearing for free. Rehearings have a time limit too, so act quickly. If you believe the hearing was unfair and this affected the result, you can appeal to the District Court within 20 working days. The fee is NZ$275.
What documents do I need?
- The other party's name and contact details (address, phone, email)
- Contracts, invoices, receipts and quotes
- Photos, letters, emails and messages
- Police report (for car crashes and similar cases)
- List of witnesses
What should I watch out for?
- The fee depends on your total claim amount: under NZ$2,000 is NZ$62; NZ$2,000 to under NZ$5,000 is NZ$124; NZ$5,000 to NZ$30,000 is NZ$248; NZ$30,001 to NZ$60,000 is NZ$496.
- If your English is not strong, tell the Disputes Tribunal early that you need an interpreter. Interpreting is free.
- You can ask to bring a support person. They cannot speak unless the referee asks them to.
- Where possible, hearings can also be held by video or phone. The referee decides.
- If your insurance company is involved, it can speak at the hearing to support your claim.
- The referee will try to help both sides reach their own agreement. Being well prepared, with full evidence, gives you a better chance of the result you want.
- Citizens Advice Bureau (CAB) or a Community Law Centre can help you fill in the forms for free. If you can't afford a lawyer, ask about legal aid.
- You can have a lawyer for an appeal to the District Court, but you pay their fees. An appeal does not look at the facts again. The judge only looks at whether the hearing was fair.
- This page summarises public information and is not legal advice. For your situation, check the Disputes Tribunal website or contact CAB.
What has changed recently?
- Application fees increased: under NZ$2,000 from NZ$61 to NZ$62; NZ$2,000–5,000 from NZ$121 to NZ$124; NZ$5,000–30,000 from NZ$243 to NZ$248; over NZ$30,001 from NZ$468 to NZ$496.Source: justice.govt.nz ↗
- The Disputes Tribunal's maximum claim increased from NZ$30,000 to NZ$60,000, and a new fee level was added for claims over NZ$30,001.Source: justice.govt.nz ↗
Common questions
A shop sold me a faulty product and won't give me a refund. Where can I make a claim?
You can make a claim at the Disputes Tribunal. It deals with disputes about goods, including products that don't work, for amounts up to NZ$60,000. You can apply online on the Disputes Tribunal website or send a paper claim form. The application fee starts at NZ$62.
A tradesperson did poor work on my house. How do I claim some of my money back?
You can apply to the Disputes Tribunal, which deals with poor work by a tradesperson. First, gather your evidence, such as contracts, invoices, quotes, receipts, photos and messages. Then apply online and pay the fee for your claim amount. You usually need to apply within 6 years of the event that caused the dispute.
What is the maximum amount I can claim at the Disputes Tribunal, and how much is the fee?
The maximum claim is NZ$60,000. The fee depends on your claim amount. Under NZ$2,000 is NZ$62. NZ$2,000 to under NZ$5,000 is NZ$124. NZ$5,000 to NZ$30,000 is NZ$248. NZ$30,001 to NZ$60,000 is NZ$496. The fee is not refundable, but if you win, the referee may order the other party to pay it back.
Do I need a lawyer for the Disputes Tribunal? What if my English is not strong?
No, you do not need a lawyer. A lawyer cannot represent you at the hearing, but you can get legal advice beforehand. If your English is not strong, tell the Disputes Tribunal early that you need an interpreter. The independent interpreter is free. Citizens Advice Bureau (CAB) or a Community Law Centre can help you fill in the forms for free.
My neighbour's tree roots damaged my drains. Can I go to the Disputes Tribunal?
Yes. The Disputes Tribunal can deal with property disputes, including tree roots damaging drains. Your claim must be NZ$60,000 or less. You usually need to apply within 6 years of the event that caused the dispute. Collect evidence such as photos, invoices and quotes before you apply.
Can the Disputes Tribunal deal with a bond dispute with my landlord?
No. The Disputes Tribunal cannot deal with tenancy disputes between landlords and tenants. For tenancy disputes, contact Tenancy Services or the Tenancy Tribunal.
Someone admits they owe me money but won't pay. Can the Disputes Tribunal help?
No. The Disputes Tribunal cannot deal with debts the other party admits they owe but simply haven't paid. It is not a debt collection agency. It can only deal with debts that are disputed.
Can I appeal if I lose at the Disputes Tribunal?
Yes, but only to the District Court, within 20 working days of the decision. The fee is NZ$275. The only ground is that the hearing was conducted unfairly and this affected the result. If something stopped a correct decision, for example you did not receive notice of the hearing, you can apply for a free rehearing. Rehearings also have a time limit, so act quickly.
Answers are based on the verified content of this page — the official source always prevails.
Where can I check the official information?
- What the Tribunal can help withDisputes Tribunal (Ministry of Justice) · disputestribunal.govt.nz
- Forms & feesDisputes Tribunal (Ministry of Justice) · disputestribunal.govt.nz
- How to make a claimDisputes Tribunal (Ministry of Justice) · disputestribunal.govt.nz
- What to expect at a hearingDisputes Tribunal (Ministry of Justice) · disputestribunal.govt.nz
- Apply for an appealDisputes Tribunal (Ministry of Justice) · disputestribunal.govt.nz
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