Disputes Tribunal Act 1988

Proceedings of Tribunal - Hearings

42: Tribunal may act on evidence available

You could also call this:

"The Tribunal can make a decision even if one party doesn't show up."

Illustration for Disputes Tribunal Act 1988

You can go to a Tribunal to resolve a dispute. If one party does not show up, the Tribunal can still make a decision. The Tribunal will use the evidence it has to make a decision. This evidence can include information it got from somewhere else, like from section 40(2). If the Tribunal makes a decision without hearing from one party, that party cannot challenge the decision just because they did not show up. You can still ask for a rehearing under section 49 if you did not show up and you have a good reason for it. The Tribunal will consider your reason for not showing up and might rehear the case. This means you might get another chance to tell the Tribunal your side of the story.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133692.

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

41: Investigator may be appointed, or

"The Tribunal can appoint someone to investigate and report on your case."

42A: Use of electronic facilities to hear matters, or

"Hearings can be held over the phone or by video link"

Part 3Proceedings of Tribunal
Hearings

42Tribunal may act on evidence available

Where the case of any party is not presented to the Tribunal, after reasonable opportunity has been given to that party to do so, the issues in dispute in the proceedings may be resolved by the Tribunal, or relief in respect of an undisputed claim may be granted by it, on such evidence or information as is before it, including evidence or information obtained pursuant to section 40(2).
An order made by the Tribunal in the circumstances described in subsection (1) shall not be challenged on the ground that the case of the party was not presented to the Tribunal, but the party may apply for a rehearing under section 49 on the ground that there was sufficient reason for that party's failure to present that party's case.