Disputes Tribunal

Hearing process

The referee will usually ask the person making the claim to give his/her side of the story first. The other person will then be asked to say how they see the situation. The referee will need to see any documents relating to the dispute.

The referee will hear from any witnesses who can provide evidence, and can ask questions of each party or witness. Both parties can also ask questions.

The referee may feel they need to know more than you or the other person have brought to the hearing. If so, they may adjourn the hearing and call for an independent report from an investigator. You won't have to pay for this service.

What the Tribunal can do

The referee will encourage both parties to discuss the dispute and may suggest ways to settle it. If an agreement is not reached, the referee will make a decision. Referees are required to give either oral or written reasons for their decision.

Both agreements and decisions are binding and can be enforced in the same way as a District Court order.

Examples of orders a referee can make are:

• that one person pay a sum of money to another person
• that one person is not liable to pay money to another person
• that work be done, for example to repair faulty goods or correct poor workmanship
• that an agreement be altered or cancelled
• that certain goods be handed over to one of the parties or that money be paid for those goods
• that the claim be dismissed.

Terms of agreement

Sometimes people find it difficult or impossible to pay, or to pay immediately. It can often be helpful to discuss in the hearing how the terms of an agreement or an order will be worked out in practice. This can make things easier for everyone involved.

The making of an order for the payment of money does not guarantee that payment will be made. You may find that you will need to take action to enforce the order if payment isn't made.

When the Tribunal makes its own determination

There are three situations when the Tribunal will make its own determination:

• if it deems it is not appropriate to help the parties to negotiate a settlement
• if the parties can't reach a settlement
• if the Tribunal doesn't approve a settlement reached by the parties.

When one of these situations occurs, the Tribunal makes a judgement according to the merits and justice of the case and any relevant laws.