Disputes Tribunal jurisdiction

The Government has introduced legislation to double the financial jurisdiction of the Disputes Tribunal to improve access to justice.

The Disputes Tribunal Amendment Bill was introduced on 14 November 2024. It passed its first reading on 19 November 2024 and was referred to Parliament’s Justice Committee. Public submissions closed on 16 January 2025 and the Committee is due to report back in May.

The Bill proposes to amend the Disputes Tribunal Act 1988 to increase the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000. 

It would also amend the Disputes Tribunal Rules 1989 to introduce a new filing fee tier of $468 for claims of more than $30,001 to aid with cost recovery and reflect the private benefits of using the Tribunal for higher-value claims.

What is the Disputes Tribunal? 

The Disputes Tribunal provides timely, low-cost, and accessible resolution of civil disputes.

The Tribunal takes an inquisitorial approach to hearing disputes and referees support parties to put their best case forward and determine the relevant facts. It has specific features that make it less formal than a Court, quicker and cheaper, including:

  • Cases are heard in private and there is no standard right to legal representation, creating an even playing field for both parties and eliminates legal fees;
  • Limiting appeals to issues of unfairness or prejudice, promoting the finality of decision making, and
  • the statutory basis for the Tribunal’s decision-making, including that it shall have regard to the law, but not be bound to give effect to strict legal rights or obligations. This promotes the flexible and pragmatic resolution of issues.

Why is this change being made? 

The bill would improve access to justice for people who either cannot afford to take a claim to the District Court or choose not to because the associated cost would exceed the value of the claim they are pursuing. It is generally uneconomic to take civil claims between $30,000 and $60,000 to the District Court due to the significant cost of legal and court-related fees. This leads to people abandoning the amount of their claim over $30,000 to fall within the Disputes Tribunal jurisdiction or accepting a loss by not pursuing a claim at all.

This change will provide an affordable forum for resolving more lower-value claims. Modelling by the Ministry of Justice suggests about 2,000 claims per year could see improved access to justice because of this change.

Cabinet papers, key documents and further information

Disputes Tribunal Amendment Bill(external link) (Parliament’s website)

Disputes Tribunal Amendment Bill(external link) (NZ Legislation website)

Cabinet paper and minutes: Disputes Tribunal Amendment Bill Approval for Introduction [PDF, 1.5 MB]

Regulatory and Cost Recovery Impact Statement: Increasing the Disputes Tribunal’s financial jurisdiction and introducing a new filing fee tier  [PDF, 4.7 MB]

Disputes Tribunal website

Ministerial media releases

Jurisdiction of Disputes Tribunal to double(external link) (Beehive website)

 
Share