Motor Vehicle Sales Act 2003

Enforcement - Motor Vehicle Disputes Tribunals - Jurisdiction

91: Disputes Tribunal's jurisdiction not excluded

You could also call this:

"You can go to a Disputes Tribunal for help, even if your contract says you can't."

Illustration for Motor Vehicle Sales Act 2003

You have the right to go to a Disputes Tribunal even if your contract says you cannot. A contract cannot stop you from going to a Disputes Tribunal or limit its power. The Disputes Tribunal can still help you even if your contract says disputes must be sorted out in a different way. You can still go to a Disputes Tribunal even if your contract says any disputes must be sorted out by an arbitrator. The Disputes Tribunal can help you even if your contract says you must get an arbitrator's decision before you can take any further action. But if you have already agreed to settle a dispute, then the rule that you can go to a Disputes Tribunal despite what your contract says does not apply. If you have a problem with a contract, you can go to a Disputes Tribunal for help. The tribunal will listen to your problem and make a decision. You have the right to go to a Disputes Tribunal and have your problem sorted out.

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This page was last updated on 9 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM188868.

Topics:

Money and consumer rights > Consumer protectionCrime and justice > Courts and legal help

90: Limits on jurisdiction of Disputes Tribunals, or

92: Jurisdictions of other courts not limited, or

"You can take a motor vehicle sale problem to another court if it can help."

Part 4Enforcement
Motor Vehicle Disputes Tribunals: Jurisdiction

91Disputes Tribunal's jurisdiction not excluded

A provision in any contract to exclude or limit the jurisdiction of a Disputes Tribunal or the right of any person to invoke that jurisdiction has no effect.
A Disputes Tribunal has jurisdiction despite a provision in any contract that provides for—
the submission to arbitration of any dispute or difference arising under that contract; or
the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to that contract.

Subsection (1) does not apply if a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the dispute based on that cause of action.