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disputes

What to do if the other party doesn't show up to the hearing

Key Takeaway

If a party doesn't attend a Disputes Tribunal hearing in New Zealand, the Referee may adjourn the hearing or proceed in their absence. If the applicant doesn't show, the claim may be dismissed. If the respondent is absent, an order could be made against them. Parties can apply for a review of orders made in their absence.

Understanding Disputes Tribunal Hearings in New Zealand

New Zealand's Disputes Tribunal provides an informal and accessible way to resolve civil disputes without the need for lawyers. Hearings are conducted by a Referee, who is an independent decision-maker [Source: Disputes Tribunals Act 1988, s 32(1)].

Disputes Tribunal Jurisdiction and Scope

The Disputes Tribunal has jurisdiction, which is the legal authority to hear and decide a case, over a range of civil disputes. These commonly include claims relating to contracts for the sale of goods and services, property damage, and certain consumer complaints [Source: Disputes Tribunals Act 1988, s 10, s 11].

The Tribunal's monetary limit, which is the maximum amount of money it can order to be paid, is generally $30,000. This limit can be extended to $50,000 if all parties involved in the dispute agree in writing [Source: Disputes Tribunals Act 1988, s 13(1), s 13(2)].

What Happens if a Party Fails to Attend a Hearing?

If one of the parties does not attend a Disputes Tribunal hearing, the Referee has discretion, meaning the power to make decisions within certain bounds, on how to proceed [Source: Disputes Tribunals Act 1988, s 33].

Adjournment of the Hearing

The Referee may decide to adjourn the hearing, which means postponing it to a later date. This might occur if the Referee believes there is a good reason for the party's absence, such as an unforeseen emergency, or if they determine that an adjournment would be fairer to all parties involved [Source: Disputes Tribunals Act 1988, s 33(2)]. The Tribunal must ensure that all parties have a reasonable opportunity to be heard [Source: Disputes Tribunals Act 1988, s 33(1)].

Proceeding in the Absence of a Respondent

If the respondent (the party against whom a claim is made) fails to attend the hearing, the Tribunal may proceed with the hearing and make an order in their absence. This can happen if the Tribunal is satisfied that the respondent was properly notified of the time and place of the hearing [Source: Disputes Tribunals Act 1988, s 38(1)(b), s 38(2)]. An order made in absence means the Tribunal makes a decision based on the evidence presented by the attending applicant (the party making the claim).

Dismissal of a Claim if Applicant is Absent

If the applicant fails to attend the hearing, the Tribunal may dismiss the claim [Source: Disputes Tribunals Act 1988, s 39]. A dismissal means the claim is terminated without a decision being made on its merits. This prevents the applicant from pursuing the same claim again unless they successfully apply for a review of the dismissal.

Review of Orders Made in Absence

A party who was not present at the hearing when an order was made against them can apply for a review of that order. An application for review must generally be made within 20 working days after the date on which the order was made or the applicant became aware of the order [Source: Disputes Tribunals Act 1988, s 51(1)].

Grounds for review include cases where the absent party had good reasons for not attending the hearing or for not presenting their case [Source: Disputes Tribunals Act 1988, s 51(2)]. If a review is granted, the Tribunal has the power to confirm, vary (change), or rescind (cancel) the original order, or it may order a new hearing [Source: Disputes Tribunals Act 1988, s 50(2)].

Costs in the Disputes Tribunal

In the Disputes Tribunal, parties generally bear their own costs, meaning they are responsible for their own expenses incurred during the dispute resolution process. The Tribunal does not typically award legal costs to parties [Source: Disputes Tribunals Act 1988, s 43(1)]. However, the Tribunal may order a party to pay the Tribunal's filing fee or other administrative fees [Source: Disputes Tribunals Act 1988, s 43(2)].

When to Seek Independent Legal Advice

If there are complex legal questions, concerns about the Tribunal's jurisdiction, or difficulties understanding the process or an order, it can be beneficial to seek independent legal advice. Information and assistance can also be obtained from Community Law Centres throughout New Zealand [https://communitylaw.org.nz/].

Key Resources