1Procedure of Disputes Tribunals Empowered by s 82
1Procedure generally
Except as otherwise provided in this Act and subject to the rules of natural justice and any practice notes issued under clause 17, the procedure of a Disputes Tribunal is to be the procedure that the adjudicator thinks fit.
Forms for use in the Disputes Tribunals may be approved by the chief executive of the Ministry of Justice after consulting all the adjudicators.
Notes
- Schedule 1 clause 1(1): amended, on , by section 171(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Schedule 1 clause 1(2): inserted, on , by section 171(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
2Sittings of Disputes Tribunal
Sittings of a Disputes Tribunal must be held at the times and places that the adjudicator appoints.
A sitting of a Disputes Tribunal may be adjourned, from time to time and from place to place, by the adjudicator.
2AOrderly and efficient operation
An adjudicator is responsible for making any arrangements that are practicable to ensure that the Disputes Tribunal on which he or she sits performs its functions—
- in an orderly and efficient manner; and
- in a way that achieves the purposes of this Act.
Notes
- Schedule 1 clause 2A: inserted, on , by section 171(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
3Administrative support for Disputes Tribunals
The Chief Executive of the Ministry of Justice must—
- provide secretarial, recording, and any other services that may be necessary to enable each Disputes Tribunal to exercise its functions and powers; and
- appoint secretaries of the Disputes Tribunal under the Public Service Act 2020 in the numbers that may be required.
One person may be appointed secretary of 2 or more Disputes Tribunals under subclause (1)(b).
The office of secretary may be held either separately or in conjunction with any other office in the public service.
Notes
- Schedule 1 clause 3(1): amended, on , pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
- Schedule 1 clause 3(1)(b): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
- Schedule 1 clause 3(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
4Filing of applications
Proceedings before the Disputes Tribunal must be commenced by the filing of an application in a form approved by the chief executive of the Ministry of Justice after consultation with all adjudicators, together with the prescribed filing fee (if any), at the office of the Disputes Tribunal.
Notes
- Schedule 1 clause 4: amended, on , by section 171(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
5Procedure on receipt of application
On receipt of an application, the adjudicator must immediately—
- refer the application to the respondent; and
- require the respondent by written notice to discuss the application with the applicant and to make a written report to the Disputes Tribunal on the outcome of the discussions.
Every report must—
- be made to the adjudicator within 14 days after receiving the adjudicator's notice or any further period that the adjudicator may allow; and
- contain—
- a statement by the applicant that the matter has been settled to the applicant's satisfaction; or
- in any case where no settlement has been reached, a statement by either party that that party requires the matter to be heard by the Disputes Tribunal.
- a statement by the applicant that the matter has been settled to the applicant's satisfaction; or
6Notice of hearing by Disputes Tribunal
This clause applies if—
- the adjudicator does not receive a report within the period referred to in clause 5(2)(a); or
- the adjudicator is notified in accordance with clause 5(2)(b)(ii) that either party requires the matter to be heard by the Disputes Tribunal.
If this clause applies,—
- the party that requires the matter to be heard must pay the prescribed hearing fee (if any) to the Disputes Tribunal; and
- as soon as practicable after the payment of that fee, the adjudicator must fix the time and place for the hearing of the application and must notify each party to the application of the time and place fixed.
7Joinder of parties
If the adjudicator finds that a person who appears to him or her to have sufficient connection with the proceedings in relation to the application has not been given notice of the proceedings, he or she may join the person as a party and direct that notice of the proceedings and the date, time, and place for the hearing be given to that person.
A notice referred to in subclause (1) must be in writing and must include all of the following:
- a statement that the person is joined as a party to the proceedings, and a statement that costs may be awarded against the person, as a party, if he or she fails to attend the hearing:
- sufficient particulars to fairly inform the person to whom it is given of the substance of the matters to be dealt with at the hearing:
- a reference to the relevant provision of this Act under the authority of which the hearing will be held:
- where information on the procedure of the Disputes Tribunal may be obtained.
For the purposes of this clause, a person has sufficient connection with the proceedings in relation to an application if that person's presence as a party to the proceedings is necessary to enable the Disputes Tribunal to determine effectively and completely the questions arising on the application or to grant the relief that it considers to be due.
A person who is joined as a party under this clause is not to be treated as a party for the purposes of section 90(1)(a).
Notes
- Schedule 1 clause 7(1): amended, on , by section 24(1) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
- Schedule 1 clause 7(2)(aa): inserted, on , by section 24(2) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
- Schedule 1 clause 7(4): added, on , by section 24(3) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
8Manner in which Disputes Tribunal conducts hearings
Every hearing of a Disputes Tribunal must, unless a Disputes Tribunal orders otherwise, be conducted in public and with as little formality as the requirements of this Act and the proper consideration of the matters before the Disputes Tribunal permit.
A Disputes Tribunal may order that a hearing be conducted in private if the relevant adjudicator is of the opinion that it is proper to do so, having regard to the interests of any party and to the public interest.
The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the relevant adjudicator considers it appropriate and the necessary facilities are available.
Notes
- Schedule 1 clause 8(1): amended, on , by section 171(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Schedule 1 clause 8(1A): inserted, on , by section 171(6) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Schedule 1 clause 8(2): replaced, on , by section 171(7) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9Right to appear at hearings
At any hearing of an application or claim before a Disputes Tribunal, any party to the proceedings is entitled to attend and be heard.
No party is entitled to be represented at a hearing of the Disputes Tribunal by a representative unless the adjudicator—
- considers it appropriate in all the circumstances to allow a party to be represented; and
- approves the representative.
However, the following parties may be represented by a representative who is approved by the adjudicator:
- a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds a majority interest in it:
- a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons:
- a minor, or other person under disability:
- any other person, if the adjudicator is satisfied that for sufficient cause that person is unable to appear in person or is unable to present the person's case adequately.
If any party to any proceedings before the Disputes Tribunal is represented by a representative, any other party to those proceedings may also be represented.
An adjudicator must not approve a representative—
- who is, or has been, enrolled as a barrister or solicitor; or
- who, in the opinion of the adjudicator, has been regularly engaged in advocacy work before other tribunals.
Subclause (5) does not apply if—
- the person proposed for approval is a person or one of the persons jointly liable or entitled with another; or
- the party seeking to be represented is a company and the person proposed for approval is the majority shareholder of the company.
9AHearing on papers
Despite anything in this Act to the contrary, a Disputes Tribunal may determine a proceeding on the papers if the relevant adjudicator considers it appropriate.
Before doing so, the Tribunal must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
Notes
- Schedule 1 clause 9A: inserted, on , by section 171(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9BDisputes Tribunal may strike out, determine, or adjourn proceeding
A Disputes Tribunal may strike out, in whole or in part, a proceeding if the relevant adjudicator is satisfied that it—
- discloses no reasonable cause of action; or
- is likely to cause prejudice or delay; or
- is frivolous or vexatious; or
- is otherwise an abuse of process.
If a party is neither present nor represented at the hearing of a proceeding, a Disputes Tribunal may,—
- if the party is required to be present, strike out the proceeding; or
- determine the proceeding in the absence of the party; or
- adjourn the hearing.
Notes
- Schedule 1 clause 9B: inserted, on , by section 171(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9CEvidence
A Disputes Tribunal may take evidence on oath or affirmation and, for that purpose, the Tribunal or any other person acting under the express or implied direction of the Tribunal may administer the oath or affirmation.
A Disputes Tribunal may require that any documents or information be verified by oath or affirmation, statutory declaration, affidavit, or another means.
A Disputes Tribunal may, on its own initiative, seek and receive any other evidence and make any other investigations and inquiries that it thinks fit.
All evidence and information received or ascertained must be disclosed to every party, and every party must be given a reasonable opportunity to comment on it.
A Disputes Tribunal may receive and take into account any relevant evidence or information, whether or not that evidence or information would normally be admissible in a court of law.
On any charge of perjury, it is sufficient to prove that the oath or affirmation was administered, or the documents or information were verified, in accordance with this clause.
Notes
- Schedule 1 clause 9C: inserted, on , by section 171(8) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9DSummons to witness
A Disputes Tribunal may, on its own initiative or at the request of a party, by a summons in a form approved by the chief executive of the Ministry after consulting all the adjudicators, summon any person—
- to attend before the Tribunal at the time and place specified in the summons; and
- to give evidence in the proceedings; and
- to produce to the Tribunal any documents in that person’s possession or control that are specified in the summons.
The power to issue a witness summons may be exercised by a Disputes Tribunal, an adjudicator, or any officer of a Tribunal purporting to act at the direction or with the authority of the Tribunal or an adjudicator.
Notes
- Schedule 1 clause 9D: inserted, on , by section 171(9) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9EService of summons
Every summons issued under clause 9D must be served on the person to whom it is directed, either by personally delivering it to that person or, if that person refuses to accept it, by bringing it to that person’s attention, within a reasonable time before the time specified in the summons for that person’s attendance.
There must be paid or tendered to the witness at the time of service of the summons, or at any other reasonable time before the time at which the witness’s attendance is required, the sum that the Registrar estimates to be payable to the witness under clause 9G for allowances and travelling expenses (but not for fees).
A witness is not obliged to comply with a summons issued under clause 9D unless the sum specified in subclause (2) is paid or tendered to the witness in accordance with that subclause.
Notes
- Schedule 1 clause 9E: inserted, on , by section 171(10) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9FObligation on witness to attend extends to adjourned proceedings
The obligation on a witness summoned under clause 9D to attend any proceedings extends to any time and place to which the proceedings are adjourned, but only if clause 9E(2) has first been complied with in respect of each subsequent attendance.
A Disputes Tribunal or an adjudicator may excuse a witness from any further attendance.
Notes
- Schedule 1 clause 9F: inserted, on , by section 171(10) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9GWitnesses’ expenses
Every person who attends before a Disputes Tribunal for the purpose of giving evidence in any proceedings is entitled to receive any fees, allowances, and travelling expenses that the Tribunal directs, in accordance with the scale set out in the Schedule of the Witnesses and Interpreters Fees Regulations 1974.
The fees, allowances, and travelling expenses are payable by the party on whose behalf the person attends, unless in any particular case a Disputes Tribunal orders them to be paid out of money appropriated by Parliament for those purposes.
Notes
- Schedule 1 clause 9G: inserted, on , by section 171(10) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
9HFailure to give evidence
A person commits an offence if the person—
- has been served with a summons issued under clause 9D; and
- has been paid or tendered witness expenses in accordance with clause 9G; and
- fails without sufficient cause to comply with the directions of the summons or with the requirements of clause 9F in respect of the summons.
A person commits an offence if the person—
- is present at any proceedings before a Disputes Tribunal (whether or not as a result of the service of any summons on that person); and
- is required to give evidence in the proceedings; and
- refuses—
- to be sworn; or
- to give evidence in the proceedings.
- to be sworn; or
The penalty for an offence against this clause is set out in section 116A.
The payment of a fine does not release a person from any liability under any other action for failing to comply with the directions of a summons issued under clause 9D.
Notes
- Schedule 1 clause 9H: inserted, on , by section 171(10) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
10Duties of assessor
The duties of an assessor are to—
- sit with the Disputes Tribunal; and
- act in all respects as an extra member of the Disputes Tribunal for the hearing of the application; and
- act as an extra member of the Disputes Tribunal to assist in the determination of the application, but the adjudicator alone determines the application.
Before starting his or her duties, an assessor must take an oath before the adjudicator that the assessor will faithfully and impartially perform the duties.
The failure of an assessor to perform his or her duties does not prevent the adjudicator from making a decision on the application without the input of the assessor.
An adjudicator who is satisfied that it is appropriate to do so may appoint a substitute assessor under section 82(3)(b).
11Remuneration and allowances of assessors
The Ministry of Justice must pay assessors the remuneration and allowances determined for assessors from time to time by the Minister who is responsible for the Ministry of Justice.
Notes
- Schedule 1 clause 11: amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).
12Immunity of witnesses, adjudicators, and assessors
Witnesses have the same privileges and immunities in relation to the hearings of a Disputes Tribunal as they would have if the hearings were proceedings in a court of law.
Neither an adjudicator nor an assessor is under any criminal or civil liability in respect of—
- any act done or omitted in the course of the exercise or intended exercise of any of their functions, duties, or powers under this Act; or
- any words spoken or written at, or for the purposes of, any hearing under this Act.
Subclause (2) does not apply if it is proved to the satisfaction of the court before which any proceedings are taken that the adjudicator or the assessor, as the case may be, has acted in bad faith.
13Decision of Disputes Tribunal
The adjudicator's decision is the decision of the Disputes Tribunal.
Every decision of a Disputes Tribunal must—
- be given in writing; and
- contain the reasons for the decision.
13ASuppression orders
A Disputes Tribunal may order that any part of any evidence given or the name of any witness not be published.
An order may be made subject to any conditions that the adjudicator considers appropriate.
Notes
- Schedule 1 clause 13A: inserted, on , by section 171(11) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
14Disputes Tribunal may award costs in certain circumstances
The Disputes Tribunal may award costs to or against a party to any proceedings before it only if,—
- in the opinion of the Disputes Tribunal,—
- the proceedings are frivolous or vexatious or ought not to have been brought:
- the matter ought reasonably to have been settled before proceeding to a hearing but that the party against whom an award of costs is to be made refused, without reasonable excuse, to take part in the discussions referred to in clause 5(1)(b) or acted in a contemptuous or improper manner during those discussions; or
- the proceedings are frivolous or vexatious or ought not to have been brought:
- any party, after receiving notice of a hearing, fails to attend the hearing without good cause.
In any case to which subclause (1) applies, the Disputes Tribunal may order a party to pay—
- to the Crown all, or any part of, either or both of the following:
- the reasonable costs of the Disputes Tribunal hearing:
- the fees and expenses of any witness that have been paid or are payable by the Crown; or
- the reasonable costs of the Disputes Tribunal hearing:
- to another party all, or any part of, the reasonable costs of that other party in connection with the proceedings.
Notes
- Schedule 1 clause 14(1)(b): substituted, on , by section 24(4) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
- Schedule 1 clause 14(2)(a): amended, on , by section 24(5) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
- Schedule 1 clause 14(2)(b): amended, on , by section 24(6) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
15Enforcement of Disputes Tribunal's decisions
Any party to the proceedings may file a duplicate of any decision of a Disputes Tribunal in the office of the District Court.
Upon filing, the decision is enforceable in all respects as a final judgment of the District Court in its civil jurisdiction.
No decision of a Disputes Tribunal may be filed unless the time allowed for an appeal against the decision has expired and no appeal has been brought.
For the purposes of this clause, District Court, in relation to the filing under subclause (1) of a decision of a Disputes Tribunal, means the office of the District Court nearest to the place of business at which the motor vehicle in respect of which the decision is given was sold.
Notes
- Schedule 1 clause 15(1): amended, on , by section 24(7) of the Motor Vehicle Sales Amendment Act 2010 (2010 No 112).
- Schedule 1 clause 15(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
16Appeals from decision of Disputes Tribunal
Any party who is dissatisfied with a decision given by a Disputes Tribunal may, within 10 working days after notice of the decision is given to that party, appeal to a District Court Judge.
If the amount of the claim exceeds $12,500, the appeal may be brought on either of the following grounds:
- that the Disputes Tribunal's decision was wrong in fact or law, or in both fact and law; or
- that the proceedings were conducted by the Disputes Tribunal in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.
If the amount of the claim does not exceed $12,500, the appeal may be brought on the ground that the proceedings were conducted by the Disputes Tribunal in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.
For the purposes of this section, the Disputes Tribunal is taken to have conducted the proceedings in a manner that was unfair to the appellant and prejudicially affected the result if—
- the Disputes Tribunal fails to have regard to any provision of any enactment that is brought to the attention of the Disputes Tribunal at the hearing; and
- as a result of that failure, the result of the proceedings is unfair to the appellant.
The District Court's decision given under this clause is final.
To avoid doubt, nothing in this clause affects the right of any person to apply, in accordance with law, for judicial review.
17Practice notes
All adjudicators acting together may issue practice notes, to apply to all Disputes Tribunals, as they think fit.
The practice notes must not be inconsistent with this Act or any regulations made under it and are for the guidance of the Tribunals, officers of the Tribunals, and parties before the Tribunals.
Notes
- Schedule 1 clause 17: inserted, on , by section 171(12) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
18Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
- information about the purpose of Disputes Tribunals and how to commence a claim:
- any requirements that must be met to bring a claim:
- guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected.
Notes
- Schedule 1 clause 18: inserted, on , by section 171(13) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).