Civil Law6 min read6 December 2024

How to Make a Small Claim in New Zealand — Disputes Tribunal Guide

The NZ Disputes Tribunal handles claims up to $30,000 without a lawyer. Here's how to file, what to expect, and how to enforce a decision.

⚠️This article provides legal information only, not legal advice. Laws change — always verify with current legislation at legislation.govt.nz. For advice on your specific situation, consult a qualified NZ lawyer.

The Disputes Tribunal — NZ's Small Claims Court

New Zealand's Disputes Tribunal is an accessible, affordable way to resolve disputes involving money or property up to $30,000 (or $50,000 if both parties agree). You do not need a lawyer — the process is designed for everyday people.


What Types of Claims Can You Make?

·Unpaid debts (money owed to you)
·Faulty goods or services
·Property damage
·Breach of contract
·Consumer disputes
·Neighbour disputes (non-tenancy)
·Building defects (under $30,000)

You cannot use the Disputes Tribunal for:

·Employment disputes (use ERA instead)
·Tenancy disputes (use Tenancy Tribunal)
·Criminal matters
·Claims over $30,000 (unless both agree to $50,000)

How to File a Claim — Step by Step

Step 1: Try to Resolve It First

The Tribunal will ask if you tried to resolve it directly. Write a letter or email to the other party first explaining the issue and what you want.

Step 2: File Online

Go to disputestribunal.govt.nz and file online. You'll need:

·Your contact details
·The other party's contact details (full legal name + address)
·Description of the dispute
·The amount you're claiming

Step 3: Pay the Filing Fee

| Claim Amount | Fee |

|-------------|-----|

| Up to $2,000 | $45 |

| $2,001–$5,000 | $90 |

| $5,001–$15,000 | $180 |

| $15,001–$30,000 | $225 |

Step 4: Attend the Hearing

A Referee (not a judge) will hear both sides in an informal setting. You can bring documents and witnesses. The process usually takes 1–2 hours.


What Happens at the Hearing?

·The referee reads submissions from both parties
·Each side gets to speak
·The referee may ask questions
·The referee makes a decision — usually on the day or within days

Decisions are binding. You cannot appeal on the merits (only on point of law to the District Court within 28 days).


Enforcing a Decision

If the other party doesn't pay, you can:

1.Register the order with the District Court ($50 fee)
2.Apply for an attachment order (deducted from wages)
3.Apply for a charging order (secured on property)
4.Apply to make them bankrupt (for large amounts)

Tips for Winning Your Claim

·Keep all receipts, invoices, contracts, and communications
·Take photos of damaged goods or property
·Write a clear timeline of events
·Calculate your exact loss — don't overestimate
·Be professional and factual in the hearing

LexNZ provides legal information only — not legal advice. For complex disputes or claims near the upper limit, consider consulting a NZ lawyer before filing.

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