Disputes Tribunal Act 1988

Jurisdiction, functions, and orders of Tribunal

11: Further limitations on jurisdiction

You could also call this:

"What the Tribunal can and can't decide"

Illustration for Disputes Tribunal Act 1988

You can take a debt or liquidated demand to the Tribunal, but there are some limits. The Tribunal can hear a claim for a debt if it is in dispute or if it is a counterclaim. You need to talk to a Registrar before you lodge your claim. The Tribunal cannot hear claims about land or estates in land. It also cannot hear claims about wills, settlements, or intellectual property. If someone has been sentenced to make reparation to you, the Tribunal may not be able to hear your claim. The Tribunal can hear a counterclaim even if the original claim is withdrawn. It can also make an order for you to pay a debt if your claim is dismissed. The Tribunal's decisions are limited by law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133642.

This page was last updated on 28 January 2026 — View changes

10: Jurisdiction of Tribunal, or

"The Tribunal can help with claims up to $60,000"

12: Recovery of consequential loss, or

"Getting back money for extra losses"

Part 2Jurisdiction, functions, and orders of Tribunal

11Further limitations on jurisdiction

A debt or liquidated demand may be the subject of a declaration under section 10(1)(b), but, subject to subsection (2) of this section, a claim for a debt or liquidated demand is not within the jurisdiction conferred by section 10(1)(a) unless—
the applicant satisfies a Registrar, before the claim is lodged in the Tribunal, that the claim, or a part of the claim, is in dispute; or
the applicant either—that the claim is in the nature of a counterclaim by a respondent against an applicant; or
1. satisfies a Registrar before the claim is lodged in the Tribunal; or
2. not having lodged or attempted to lodge the claim pursuant to subparagraph (i), satisfies the Tribunal at a hearing—
the claim is transferred to the Tribunal pursuant to section 37.

Notwithstanding subsection (1), the Tribunal may,—
where a respondent raises a debt or liquidated demand as a defence by way of set-off, give effect to that defence:
where it dismisses a claim for a declaration under section 10(1)(b) in respect of a debt or liquidated demand, make an order under section 19(1)(a) requiring the applicant to pay the debt or liquidated demand, or part of the debt or liquidated demand, to the respondent.

Subject to subsection (4), no claim shall be heard and determined under this Act in respect of the destruction or loss of any property, or any damage or injury to any property, where any offender has been sentenced, under section 32 of the Sentencing Act 2002, to make reparation to the applicant in respect of that destruction, loss, damage, or injury.
Nothing in subsection (3) shall apply in respect of any claim under this Act to recover any damages in excess of the amount ordered to be paid to the applicant under any sentence of reparation.
Except as provided in an enactment referred to in section 10(1A) or (2), the Tribunal shall have no jurisdiction in respect of any claim—
for the recovery of land or any estate or interest in any land:
in which the title to any land, or any estate or interest in any land, or to any franchise is in question:
in which there is a dispute concerning—
1. the entitlement of any person under a will, or settlement, or on any intestacy (including a partial intestacy); or
2. goodwill; or
3. any chose in action; or
4. any trade secret or other intellectual property.

In subsection (5) land does not include fixtures.
Without limiting section 10(1A) or (2), nothing in subsection (1) of that section in so far as it confers jurisdiction in quasi-contract on the Tribunal shall be construed as authorising a claim in respect of money due under any enactment.
In subsection (7) enactment means a provision of any Act or of any secondary legislation.
The Tribunal may hear and determine a claim in the nature of a counterclaim to which subsection (1)(b) applies notwithstanding that the original claim is withdrawn, abandoned, or struck out.

Compare

1976 No 35 s 10
1985 No 38 s 3

Notes

Section 11(1)(a): amended, on 14 November 2018, by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 11(1)(b)(i): amended, on 14 November 2018, by section 63 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 11(1)(b)(i): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 11(1)(c): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 11(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 11(3): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 11(5): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 11(5): amended, on 19 December 2002, by section 4(1) of the Disputes Tribunals Amendment Act 2002 (2002 No 80).
Section 11(7): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 11(7): amended, on 19 December 2002, by section 4(2) of the Disputes Tribunals Amendment Act 2002 (2002 No 80).
Section 11(8): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Section 11(9): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).