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disputes

Gathering evidence: What the referee wants to see

Key Takeaway

Disputes Tribunals in New Zealand offer an informal way to resolve civil disputes, requiring claimants and respondents to present clear, relevant evidence to a referee. The Tribunal has specific jurisdiction and monetary limits, with modest filing fees. The process focuses on fairness and understanding the facts through presented information.

Understanding Evidence in Disputes Tribunal Hearings

The Disputes Tribunal is an independent body designed to resolve civil disputes between parties in an informal and efficient manner [Source: Disputes Tribunals Act 1988, s 18(1)]. When preparing for a hearing, understanding what constitutes effective evidence and how it is considered by the referee, the individual appointed to hear and decide cases in a Disputes Tribunal, is crucial.

Jurisdiction of the Disputes Tribunal

The Disputes Tribunal has jurisdiction, which is the official power to make legal decisions and judgments, over various civil disputes. It can hear claims for goods and services, damage to property, and disputes over contracts [Source: Disputes Tribunals Act 1988, s 10]. However, there are financial limits to the Tribunal's jurisdiction. The general monetary limit for claims is $30,000, or up to $50,000 if all parties agree [Source: Disputes Tribunals Act 1988, s 10(1A), s 13(1)]. Certain types of disputes, such as those related to wills, intellectual property, or employment agreements covered by the Employment Relations Act 2000, are generally outside its jurisdiction [Source: Disputes Tribunals Act 1988, s 11].

The Disputes Tribunal Process and Costs

To initiate a claim, a claimant, the person who starts a case in the Disputes Tribunal, must complete an application form and pay the prescribed fee [Source: Disputes Tribunals Act 1988, s 34(1); Disputes Tribunals (Fees) Regulations 1990]. The respondent, the person against whom a claim is made, is then served with notice of the claim and the hearing date. Filing fees are relatively low, typically ranging from $45 to $180 depending on the value of the claim [Source: Disputes Tribunals (Fees) Regulations 1990, Schedule 1].

The Tribunal process is designed to be informal, and parties are generally not allowed to have lawyers or representatives present, unless the Tribunal agrees [Source: Disputes Tribunals Act 1988, s 38(1)]. This informality aims to allow parties to present their case in their own words and for the referee to explore the issues directly with them [Source: Disputes Tribunals Act 1988, s 18(1)].

Gathering and Presenting Evidence: What the Referee Wants to See

Evidence refers to information presented in a legal proceeding to prove or disprove a fact. The referee's primary goal is to determine the facts of the dispute and reach a fair resolution [Source: Disputes Tribunals Act 1988, s 18(3)]. To achieve this, the referee wants to see clear, relevant, and credible evidence that directly supports a party's claim or defence.

Types of Evidence

Referees consider various forms of evidence, including:

  • Documents: This includes contracts, invoices, receipts, emails, text messages, letters, repair quotes, bank statements, or any written records relevant to the dispute. It is important to organise these chronologically and clearly label them [Source: Disputes Tribunals Act 1988, s 35].
  • Photographs and Videos: Visual evidence can be highly effective, especially for demonstrating property damage, the condition of goods, or the nature of a service. Ensure photos are clear, dated, and show the relevant details [Source: Disputes Tribunals Act 1988, s 35].
  • Witness Statements: If there were independent witnesses to the events, their written statements can be valuable. These statements should ideally be signed and dated by the witness and explain what they saw or heard [Source: Disputes Tribunals Act 1988, s 35]. Witnesses can also attend the hearing in person if they are available and willing to speak.
  • Physical Items: If the dispute involves a faulty product or damaged item, bringing it to the hearing (if practical) can be direct evidence. If not, clear photographs or videos of the item are essential.

Presenting Evidence to the Referee

When presenting evidence, the referee is looking for:

  1. Relevance: Every piece of evidence should directly relate to the facts in dispute. Irrelevant information can distract from the core issues [Source: Disputes Tribunals Act 1988, s 36].
  2. Clarity and Organisation: Presenting evidence in a logical, easy-to-understand manner helps the referee grasp the timeline and key points. Creating a summary document or an index for a bundle of documents can be helpful.
  3. Credibility: Evidence should be reliable. For example, official documents or independent expert reports are generally considered highly credible.
  4. Sufficiency: While the Tribunal is informal, parties should aim to provide enough evidence to prove their case on the balance of probabilities (meaning it's more likely than not that their version of events is true).
  5. Copies for All Parties: It is good practice to bring multiple copies of all evidence – one for the referee, one for the other party, and one for yourself [Source: Disputes Tribunals Act 1988, s 35(4)].

What to Expect at the Hearing

The hearing is an informal discussion. The referee will typically begin by explaining the purpose of the Tribunal and the process. Both the claimant and the respondent will have an opportunity to present their side of the story and show their evidence [Source: Disputes Tribunals Act 1988, s 35]. The referee may ask questions, clarify points, and encourage the parties to explore possible solutions themselves [Source: Disputes Tribunals Act 1988, s 19]. The referee has the power to make enquiries, hear any evidence he or she considers relevant, and conduct proceedings in a manner that he or she thinks fit [Source: Disputes Tribunals Act 1988, s 18(1), s 36]. The decision made by the referee is legally binding on the parties [Source: Disputes Tribunals Act 1988, s 51].

When to Seek Independent Legal Advice

While lawyers generally do not represent parties in the Disputes Tribunal, obtaining independent legal advice can be beneficial for understanding legal rights, preparing a claim or defence, and interpreting the legal implications of a Tribunal decision. Individuals may consult with a lawyer or seek assistance from free community legal services. Community Law Centres

Key Resources