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disputes

Using witness statements and expert reports in the Tribunal

Key Takeaway

The New Zealand Disputes Tribunal offers an informal process for resolving civil disputes up to $30,000 (or $50,000 by agreement). Parties can use witness statements and expert reports to support their case, and the Tribunal itself may seek expert advice. Hearings are conducted by a referee who aims for a fair and reasonable outcome, with specific rules regarding costs.

Using Witness Statements and Expert Reports in the Disputes Tribunal

The Disputes Tribunal in New Zealand provides an accessible and informal forum for resolving civil disputes. This article outlines the process, jurisdiction (the official power to make legal decisions and judgments), costs, and how witness statements and expert reports are used within this system.

Jurisdiction and Purpose of the Disputes Tribunal

The Disputes Tribunal has the jurisdiction to hear a variety of civil claims, typically involving matters like contract disputes, consumer issues, property damage, and debts. The maximum value of a claim the Tribunal can hear is generally $30,000 [Source: Disputes Tribunals Act 1988, s 13(1)]. This limit can be extended to $50,000 if all parties involved agree to it in writing [Source: Disputes Tribunals Act 1988, s 13(2)].

However, there are certain types of disputes that the Tribunal cannot hear, including those concerning the title to land, the validity of wills, or employment matters [Source: Disputes Tribunals Act 1988, s 11]. The primary purpose of the Tribunal is to provide a process where claims can be heard and decided according to the substantial merits and equity and good conscience (meaning decisions based on fairness and moral principles rather than strict legal technicalities), without being bound by strict legal technicalities [Source: Disputes Tribunals Act 1988, s 18(3)].

The Informal Nature of Hearings

Hearings in the Disputes Tribunal are designed to be informal. The Tribunal is not bound by technicalities, legal forms, or strict rules of evidence [Source: Disputes Tribunals Act 1988, s 18(1)]. A referee, who is the person presiding over the hearing and making a decision, conducts an inquiry into the dispute, giving each party an opportunity to present their side of the story [Source: Disputes Tribunals Act 1988, s 18(1)].

Using Witness Statements

While there is no formal process for filing sworn witness statements in the same way as in higher courts, parties are permitted to bring individuals to the hearing to provide information or facts relevant to their case. These individuals are commonly referred to as witnesses.

Presenting Witnesses

A party may call any person to give evidence or produce documents at the hearing [Source: Disputes Tribunals Act 1988, s 20(3)]. The referee will question the witness to gather relevant information. Parties can suggest questions for the referee to ask the witness. It can be beneficial for witnesses to attend the hearing in person if their testimony is crucial, as the referee can then ask questions directly.

Written Accounts from Witnesses

Parties may also present written accounts or statements from individuals who cannot attend the hearing. While these are not subject to the same strict rules of evidence as in a court, the referee will consider their content as part of the overall information presented. The weight given to such written accounts is at the referee's discretion, especially if the person providing the statement cannot be questioned directly.

Using Expert Reports

Expert reports can be valuable in disputes that involve technical issues requiring specialised knowledge, such as building defects, vehicle damage, or valuations.

Parties' Own Expert Reports

Parties can obtain their own expert reports to support their claims or defences. For example, a homeowner might obtain a building report to document defects, or a vehicle owner might get a mechanic's report to detail damage and repair costs. These reports should be provided to the other party and the Tribunal well in advance of the hearing to allow for review. The referee will consider the content of these reports alongside all other information presented, but the weight given to them is at the referee's discretion, considering the informal nature of the Tribunal proceedings.

Tribunal-Requested Expert Advice

The Tribunal itself has the power to obtain expert advice or reports if the referee believes it is necessary to resolve the dispute [Source: Disputes Tribunals Act 1988, s 20(2)(a)]. If the Tribunal seeks such advice, the cost may be shared between the parties or paid by one party as directed by the Tribunal [Source: Disputes Tribunals Act 1988, s 20(2)(b)]. Any advice or report obtained by the Tribunal must be disclosed to all parties involved in the dispute [Source: Disputes Tribunals Act 1988, s 20(2)(a)].

Costs in the Disputes Tribunal

Applicants must pay a filing fee when they lodge a claim with the Disputes Tribunal [Source: Disputes Tribunals Act 1988, s 34].

Regarding other costs, the Tribunal generally does not award legal costs (e.g., solicitor's fees) to any party [Source: Disputes Tribunals Act 1988, s 37(1)(a)]. However, the Tribunal may order one party to pay another party's reasonable expenses incurred in connection with the proceedings [Source: Disputes Tribunals Act 1988, s 37(1)(b)]. This might cover expenses such as travel to the hearing, but typically does not extend to the cost of obtaining expert reports by a party unless the referee determines it to be a reasonable expense directly connected to the proceedings, or if the Tribunal itself requested the report.

What to Expect at a Hearing

At a Disputes Tribunal hearing, parties can expect an informal environment where the referee actively manages the proceedings. Each party will have the opportunity to tell their side of the story, present any documents, and call witnesses. The referee will ask questions to clarify points and may explore avenues for resolution. The goal is to reach a fair and reasonable decision based on the evidence and information presented [Source: Disputes Tribunals Act 1988, s 18(3)]. The decision made by the referee is legally binding, although parties have the right to appeal to the District Court under specific grounds [Source: Disputes Tribunals Act 1988, s 41, 42].

When to Seek Independent Legal Advice

For complex disputes, or if there are uncertainties about the jurisdiction of the Disputes Tribunal or the interpretation of the law, it is advisable for individuals to seek independent legal advice. The Disputes Tribunal aims for an informal process, but understanding the legal aspects of a case can be beneficial. Free legal advice may be available through Community Law Centres (https://communitylaw.org.nz/) throughout New Zealand.

Key Resources