Disputes Tribunals Rules 1989

Reprint
as at 1 July 2014

Coat of Arms of New Zealand

Disputes Tribunals Rules 1989

(SR 1989/34)

Paul Reeves, Governor-General

Order in Council

At Wellington this 20th day of February 1989

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Ministry of Justice.


Pursuant to section 60 of the Disputes Tribunals Act 1988, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following rules.

Contents

1 Title and commencement

2 Interpretation

3 Application of rules

Commencement of proceedings

4 Commencement of proceedings

4A Memorandum of agreement to extend financial limit must be in prescribed form

5 Fees

6 Notice of hearing

7 Enlargement of dates of hearing

8 Form of acknowledgement from applicant's insurer

9 Approval of representative

Service

10 Service of documents

11 Service on corporations

12 Notices

13 Time for giving certain notices

Witnesses

14 Summons to witness

15 Service of summons

16 Obligation on witness to attend extends to adjourned proceedings

17 Witnesses' expenses

18 Failure to give evidence

Adjournments

19 Adjournments

Enforcement of orders and agreed settlements

20 Notice of objection to enforcement of order

21 Requests for enforcement of work orders

22 Requests for enforcement of agreed settlements

Rehearings and appeals

23 Application for rehearing

24 Notice of appeal

Transfer of proceedings

25 Transfer of proceedings to District Court

26 Transfer of proceedings from District Court or High Court to Tribunal

27 Plaintiff in proceedings transferred to Tribunal to lodge claim [Revoked]

General provisions

28 Forms

29 Documents that must be sealed

30 Offices of Tribunals

31 Office hours

32 Holidays of Tribunals

33 Records

34 Accounts

35 Searches

Assessment of candidates for appointment or reappointment as Principal Disputes Referee

35A Advertising for candidates

35B Assessment of candidates

35C Criteria for assessment of candidates

Assessment of candidates for appointment or reappointment as Referees

36 Advertising for candidates

37 Assessment of candidates

38 Criteria for assessment of candidates

Revocations

39 Revocations

Schedule
Forms


Rules

1 Title and commencement
  • (1) These rules may be cited as the Disputes Tribunals Rules 1989.

    (2) These rules shall come into force on 1 March 1989.

2 Interpretation
  • (1) In these rules, unless the context otherwise requires,—

    Expressions defined in the Act have the same meaning in these rules.

    (2) In these rules, a reference to a numbered form is a reference to the form so numbered in the Schedule.

3 Application of rules
  • These rules apply to all proceedings under the Act.

Commencement of proceedings

4 Commencement of proceedings
  • Every claim lodged with a Tribunal shall be in form 1, or in an online form to the same effect and made available by the Secretary for Justice on an Internet site maintained by the Ministry of Justice.

    Rule 4: amended, on 1 October 2012, by rule 4 of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

4A Memorandum of agreement to extend financial limit must be in prescribed form
  • A memorandum of the parties' agreement, pursuant to section 13(1) of the Act, that a Tribunal have jurisdiction to hear and determine the claim, must be in form 1A, or in an online form to the same effect and made available by the Secretary for Justice on an Internet site maintained by the Ministry of Justice.

    Rule 4A: inserted, on 19 May 2011, by rule 4 of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

    Rule 4A: amended, on 1 October 2012, by rule 5 of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

5 Fees
  • (1) The following fee is payable to the Tribunal at the time of the lodging of a claim:

    • (a) $45, if the total amount in respect of which an order of a Tribunal is sought under the claim is less than $2,000:

    • (b) $90, if the total amount in respect of which an order of a Tribunal is sought under the claim is $2,000 or more but less than $5,000:

    • (c) $180, if the total amount in respect of which an order of a Tribunal is sought under the claim is $5,000 or more.

    (2) No fee is payable in respect of any claim lodged under rule 26(3)(b).

    (3) The fees prescribed by this rule are inclusive of goods and services tax.

    Rule 5: replaced, on 1 July 2013, by rule 4 of the Disputes Tribunals (Fees) Amendment Rules 2013 (SR 2013/212).

6 Notice of hearing
  • (1) Form 2 shall be used for the purpose of giving notice of the time and place of hearing to the applicant pursuant to section 25(1)(a) of the Act.

    (2) Form 3 shall be used for the purpose of giving notice, pursuant to section 25(1)(b) of the Act, of a claim and of the time and place of hearing to the respondent and to every person specified in section 25(1)(b)(ii) of the Act.

7 Enlargement of dates of hearing
  • (1) Where, in any proceedings before a Tribunal, a date of hearing has been fixed pursuant the Act or these rules, the Tribunal or a Registrar may, on the application of a party or of the Tribunal's or the Registrar's own motion, enlarge the date of hearing on such terms (if any) as the Tribunal or the Registrar thinks just.

    (2) Where the date of hearing is enlarged pursuant to subclause (1), the Registrar shall notify the parties to the proceedings of the new date of hearing.

8 Form of acknowledgement from applicant's insurer
  • Every acknowledgement from an applicant's insurer lodged under section 29(1) of the Act shall be in form 4, or in an online form to the same effect and made available by the Secretary for Justice on an Internet site maintained by the Ministry of Justice.

    Rule 8: amended, on 1 October 2012, by rule 6 of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

9 Approval of representative
  • (1) Any party to any proceedings who wishes to appear by a representative shall apply to the Tribunal for approval of that party's representative before the hearing, and the Tribunal may approve the proposed representative at any time before the commencement of the hearing.

    (2) Nothing in this rule limits the power of a Tribunal to approve a representative on the application of a party or otherwise at any time after a hearing has commenced.

Service

10 Service of documents
  • (1) Subject to subclause (3) and to rule 15(1), any document that is to be served on any person in any proceedings before a Tribunal may be served—

    • (a) by delivering the document to the person to be served or by bringing it to that person's notice if that person refuses to accept it; or

    • (b) by leaving it for the person to be served at that person's place of residence with any person who is normally resident with the person to be served at that place and who appears to be over the age of 18 years; or

    • (c) by posting the document to be served in a letter addressed to the person to be served at that person's last known or usual place of residence.

    (2) Where service is effected by letter in accordance with subclause (1)(c), then, unless the contrary is shown, service is deemed to have been effected on the person to whom the letter is addressed at the time when the letter would have been delivered in the ordinary course of post, and in proving service it is sufficient to prove that the letter was properly addressed and posted.

    (3) The Tribunal or the Registrar may in any particular case direct that a document be served on a person by any other means that the Tribunal or the Registrar considers proper.

11 Service on corporations
  • In the absence of any statutory provision prohibiting service in the following manner, any document that is to be served on any corporate body in any proceedings before a Tribunal may be served by delivering the document—

    • (a) to the mayor, chairman, president, town clerk, managing director, secretary, treasurer, or other similar officer of the corporate body; or

    • (b) to any person purporting to have charge of the affairs or business of the corporate body at its principal office or principal place of business or at the office or place of business nearest to the Tribunal from which the document issued.

12 Notices
  • The provisions of rules 10 and 11 shall apply to any notice that by the Act or these rules, or by any order made pursuant to the Act or these rules, is required to be given to any person.

13 Time for giving certain notices
  • Where, pursuant to section 25(1)(a) or (b) or section 49(4)(a) of the Act, notice is required to be given to any person, that notice shall be given not less than 10 days before the day of hearing.

Witnesses

14 Summons to witness
  • (1) Subject to subclause (2), a Tribunal may at any time during any proceedings, by a summons in form 5, summon any person—

    • (a) to attend before the Tribunal, or any Investigator appointed by the Tribunal in respect of the proceedings, at the time and place specified in the summons; and

    • (b) to give evidence in the proceedings; and

    • (c) to produce to the Tribunal or to the Investigator such documents in that person's possession or control as are specified in the summons.

    (2) A summons shall not be issued under subclause (1) unless the Registrar believes on reasonable grounds that the attendance of the witness is necessary or expedient for the proper determination of the proceedings.

15 Service of summons
  • (1) Every summons issued under rule 14 shall 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.

    (2) There shall 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 rule 17 for allowances and travelling expenses (but not for fees).

    (3) No witness is obliged to comply with a summons issued under rule 14 unless the sum specified in subclause (2) of this rule is paid or tendered to the witness in accordance with that subclause.

16 Obligation on witness to attend extends to adjourned proceedings
  • (1) The obligation on a witness summoned under rule 14 to attend any proceedings extends to any time and place to which the proceedings are adjourned, but only if rule 15(2) has first been complied with in respect of each subsequent attendance.

    (2) The Tribunal or the Investigator (as the case may require) may excuse a witness from any such further attendance.

17 Witnesses' expenses
  • (1) Every person who attends before a Tribunal or an Investigator, for the purpose of giving evidence in any proceedings, is entitled to receive such fees, allowances, and travelling expenses as the Tribunal directs, in accordance with the scale set out in the Schedule of the Witnesses and Interpreters Fees Regulations 1974 (SR 1974/124).

    (2) The fees, allowances, and travelling expenses referred to in subclause (1) are payable—

    • (a) in every case where the person attends in compliance with a summons issued under rule 14, out of money appropriated by Parliament for such purposes; and

    • (b) in every other case, by the party on whose behalf the person attends, unless in any particular case the Tribunal orders them to be paid out of money appropriated by Parliament for such purposes.

18 Failure to give evidence
  • (1) Every person commits an offence against these rules and is liable on conviction to a fine not exceeding $500 who—

    • (a) has been duly served in accordance with these rules with a summons issued under rule 14; and

    • (b) has been paid or tendered the sum specified in rule 15(2); and

    • (c) fails without sufficient cause to comply with the directions of the summons or with the requirements of rule 16 in respect of the summons.

    (2) Every person commits an offence against these rules and is liable on conviction to a fine not exceeding $500 who—

    • (a) is present at any proceedings before a Tribunal (whether or not as a result of the service of any summons on that person); and

    • (b) is required to give evidence in the proceedings; and

    • (c) refuses—

      • (i) to be sworn; or

      • (ii) to give evidence in the proceedings.

    (3) The payment of a fine shall not release a person from any liability under any other action for failing to comply with the directions of a summons issued under rule 14.

    Rule 18(1): amended, on 1 July 2013, by rule 4 of the Disputes Tribunals Amendment Rules 2013 (SR 2013/179).

    Rule 18(2): amended, on 1 July 2013, by rule 4 of the Disputes Tribunals Amendment Rules 2013 (SR 2013/179).

Adjournments

19 Adjournments
  • A Tribunal may from time to time adjourn a hearing on such conditions as it thinks just.

Enforcement of orders and agreed settlements

20 Notice of objection to enforcement of order
  • Where under section 45(2) of the Act any application is made to a District Court for the issue of any process to enforce an order referred to in that subsection, every person wishing to give notice of objection under that section shall, within 21 days after being given notice under subsection (2) of that section, file in the court to which the application to enforce the order has been made a notice of objection in form 6.

21 Requests for enforcement of work orders
  • Every request under section 46(1) of the Act for the enforcement of a work order shall be made to the Registrar in form 7.

22 Requests for enforcement of agreed settlements
  • Every request under section 47(2) of the Act for the enforcement of a term of an agreed settlement shall be made to the Registrar in form 8.

Rehearings and appeals

23 Application for rehearing
  • Every application for a rehearing under section 49 of the Act must—

    • (a) be in form 9 or in an online form to the same effect and made available by the Secretary for Justice on an Internet site maintained by the Ministry of Justice; and

    • (b) specify the grounds on which the application is made.

    Rule 23: replaced, on 1 October 2012, by rule 7 of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

24 Notice of appeal
  • (1) Every notice of appeal filed pursuant to section 50(3) of the Act shall be in form 10.

    (2) Every notice of appeal shall specify the grounds of the appeal, which grounds shall be specified with sufficient particularity as to give full advice to both the court and the other parties of the issues involved.

Transfer of proceedings

25 Transfer of proceedings to District Court
  • Where, pursuant to section 36(1) or (2) of the Act, an order is made transferring any proceedings from a Tribunal to a District Court,—

    • (a) those proceedings shall be transferred to the District Court of which the Tribunal from which the proceedings are transferred is a division; and

    • (b) the Registrar shall forthwith give notice of the order to the parties to the proceedings.

26 Transfer of proceedings from District Court or High Court to Tribunal
  • (1) Where, pursuant to section 37(1) of the Act, an order is made transferring any proceedings from a District Court to a Tribunal, those proceedings shall be transferred—

    • (a) to the Tribunal that is a division of the court in which the order is made; or

    • (b) if the District Court Judge or Registrar who makes the order is satisfied that the proceedings can be more conveniently or fairly heard in some other Tribunal, to that other Tribunal.

    (2) Where, pursuant to section 37(2) of the Act, an order is made transferring any proceedings from the High Court to a Tribunal,—

    • (a) those proceedings shall be transferred—

      • (i) to the Tribunal that is a division of the District Court that is nearest by the most practicable route to the place where the plaintiff in those proceedings resides; or

      • (ii) if the court or Judge that makes the order is satisfied that the proceedings can be more conveniently or fairly heard in some other Tribunal, to that other Tribunal; and

    • (b) the Registrar of the court from which the proceedings are transferred shall forward all papers relating to the proceedings to the Registrar of the District Court of which the Tribunal to which the proceedings are transferred is a division.

    (3) If proceedings are transferred to a Tribunal under section 37(1) or section 37(2) of the Act, the Registrar must, as soon as practicable,—

    • (a) notify all the parties to the proceedings that the proceedings are transferred; and

    • (b) request the plaintiff to lodge a claim form within 14 days of receipt of the request, or within such further time as the Registrar, on application, allows.

    (4) If the plaintiff lodges a claim form with the Registrar in accordance with subclause (3)(b), then the Registrar must fix a day and time for the hearing and must, as soon as practicable and at least 10 days before the hearing,—

    • (a) notify all parties to the proceedings of the time and place of the hearing; and

    • (b) send to the parties (other than the plaintiff) a copy of the claim.

    Rule 26(3): substituted, on 13 September 1999, by rule 3 of the Disputes Tribunals Amendment Rules 1999 (SR 1999/245).

    Rule 26(4): substituted, on 13 September 1999, by rule 3 of the Disputes Tribunals Amendment Rules 1999 (SR 1999/245).

27 Plaintiff in proceedings transferred to Tribunal to lodge claim
  • [Revoked]

    Rule 27: revoked, on 13 September 1999, by rule 4(1) of the Disputes Tribunals Amendment Rules 1999 (SR 1999/245).

General provisions

28 Forms
  • Where, by these rules, any form is directed or authorised to be used, such variations may be made in the form as the circumstances of any particular case require.

29 Documents that must be sealed
  • Every document of any of the following classes shall, when issuing out of a Tribunal, be sealed with the seal of the District Court of which the Tribunal is a division:

    • (a) final orders:

    • (c) documents requiring certification for use in proceedings before another Tribunal, or before a court or tribunal.

30 Offices of Tribunals
  • (1) For every Tribunal there shall be an office for the transaction of business relating to proceedings in the Tribunal.

    (2) Every office shall be situated at such place as the Minister directs, and shall be in the charge of the Registrar.

31 Office hours
  • (1) The office of every Tribunal shall be open at the same times and on the same days as the office of the District Court of which the Tribunal is a division.

    (2) A notice of the office hours shall be displayed in a convenient place that is in the vicinity of the office and is accessible to the public.

32 Holidays of Tribunals
  • (1) The days for the time being appointed to be observed as holidays in the Public Service shall be holidays on which the office of every Tribunal shall be closed.

    (2) The Minister may by general or special order direct that any office be closed on any day specified in the order.

33 Records
  • (1) The Registrar must keep a record of all proceedings of the Tribunal.

    (2) The record that section 51(2) of the Act requires the Referee who heard proceedings of the Tribunal to keep (a record sufficient to enable that Referee to furnish to the Registrar, within 28 days after a notice of appeal has been lodged in the Tribunal's records under section 50(4) of the Act, a report under section 51(1) of the Act on, and on the reasons for, the manner in which the proceedings were conducted) must include an audio or audiovisual recording of the proceedings.

    Rule 33: substituted, on 19 May 2011, by rule 6 of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

34 Accounts
  • (1) The Registrar shall keep account of all money paid into or out of the Tribunal, in accordance with directions given under the authority of the Minister.

    (2) All money paid into the Tribunal shall be held in a trust account maintained by the District Court, and shall be kept in the same manner as the other money in that trust account.

    Rule 34(2): amended, on 1 July 2014, by rule 4 of the Disputes Tribunals Amendment Rules 2014 (LI 2014/177).

35 Searches
  • (1) The following persons may (without fee) search, inspect, and take a copy of the records of, and the documents lodged in, a Tribunal in relation to any proceedings:

    • (a) any party to the proceedings:

    • (b) any person appointed or approved under the Act as a representative of any party to the proceedings:

    • (c) any other person who satisfies the Registrar that the person has a genuine and proper interest in the proceedings.

    (2) If a person referred to in subclause (1)(a) or (b) or (c) disputes the exercise by the Registrar of the power conferred on the Registrar by subclause (1), the Registrar shall, on that person's request, submit the request to a District Court Judge, whose decision shall be final.

    (3) Nothing in this rule enables a person to search, inspect, or take a copy of, or limits or affects any entitlement that any parties to an appeal to a District Court have under the Act or under rules of court to access or be served with,—

    • (a) the record that section 51(2) of the Act requires a Referee to keep; or

    Rule 35(3): added, on 19 May 2011, by rule 7 of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

Assessment of candidates for appointment or reappointment as Principal Disputes Referee

  • Heading: inserted, on 17 December 1998, by rule 2 of the Disputes Tribunals Amendment Rules (No 4) 1998 (SR 1998/355).

35A Advertising for candidates
  • (1) If it is proposed to appoint or reappoint a Principal Disputes Referee under section 6A of the Act, the Secretary for Justice must—

    • (a) invite applications for the appointment or reappointment; and

    • (b) convene a panel to assess candidates for the appointment or reappointment.

    (2) The invitation must give notice of—

    • (a) the proposal to appoint or reappoint a Principal Disputes Referee; and

    • (c) the manner in which any person may apply to be appointed or reappointed; and

    • (d) the manner in which applications are to be processed; and

    • (e) the closing date for the receipt of applications.

    (3) The Secretary for Justice must ensure the invitation is publicised by such means as appear to the Secretary to be necessary to ensure that the invitation reaches a wide section of prospective candidates.

    (4) An application must—

    • (a) be accompanied by a curriculum vitae of the candidate:

    • (b) if it relies on a qualification the candidate holds that is not a Bachelor of Laws from a university in New Zealand, include evidence of the qualification and of the equivalence of the qualification to such a Bachelor of Laws:

    • (c) name at least 3 persons who would be available to discuss with an assessment panel the candidate's personal attributes, knowledge, or experience:

    • (d) include a declaration by the candidate that he or she either has been, or has never been, declared bankrupt:

    • (e) include an undertaking by the candidate that, if selected for an assessment, he or she will at the assessment give the assessment panel a letter from the Ministry of Justice detailing any convictions for criminal offences recorded against his or her name by that department:

    • (f) be received by the Secretary of Justice either by the closing date given in the invitation, or by such later date as the Secretary may allow.

    (5) An assessment panel must consist of the Chief District Court Judge or a District Court Judge named by the Chief District Court Judge, who is the chairperson of the panel, and—

    • (a) a person appointed by the Secretary for Justice; and

    • (b) a person appointed by the head of the Ministry of Consumer Affairs.

    (6) If an application relies on a qualification the candidate holds that is not a Bachelor of Laws from a university in New Zealand, the Secretary for Justice must forward the application to the Minister of Justice to ascertain whether the Minister considers the qualification is equivalent to such a Bachelor of Laws.

    (7) The Secretary for Justice must forward to the assessment panel the applications he or she has received in accordance with subclause (4)(f) from each candidate who—

    • (b) has never been declared bankrupt.

    Rule 35A: inserted, on 17 December 1998, by rule 2 of the Disputes Tribunals Amendment Rules (No 4) 1998 (SR 1998/355).

    Rule 35A(4)(e): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

    Rule 35A(5): substituted, on 1 October 2003, by section 12(2) of the State Sector Amendment Act 2003 (2003 No 41).

35B Assessment of candidates
  • (1) The assessment panel must select the candidates the panel considers are most likely to be suitable to be appointed or reappointed,—

    • (a) from the applications forwarded to it under rule 35A(7); and

    (2) The assessment panel must invite the candidates it has selected to attend at a time and a place specified by the panel to be assessed by the panel.

    (3) To assess a candidate for appointment or reappointment as Principal Disputes Referee, the assessment panel—

    • (a) may ask the candidate any questions or use any other method of assessment that may assist the panel to determine whether or not the candidate meets the criteria specified in section 6A(2)(b) of the Act and in rule 35C; and

    • (b) may discuss the candidate's personal attributes, knowledge, or experience with any of the at least 3 persons the candidate has named for that purpose.

    (4) At least 3 members of the assessment panel must be present during each part of an assessment, and each member of the panel must independently assess each candidate in accordance with the criteria specified in section 6A(2)(b) of the Act and rule 35C.

    (5) As soon as practicable after completing an assessment of each of the selected candidates, the assessment panel must advise the Minister of Justice of—

    • (a) the applications forwarded to the panel under rule 35A(7); and

    • (b) the candidates the panel selected under subclause (1); and

    • (c) any candidate or candidates the panel recommends be appointed or reappointed, or that it makes no recommendation for appointment or reappointment.

    Rule 35B: inserted, on 17 December 1998, by rule 2 of the Disputes Tribunals Amendment Rules (No 4) 1998 (SR 1998/355).

35C Criteria for assessment of candidates
  • (1) In considering for the purposes of section 6A(2)(b) of the Act whether a candidate is capable of performing the functions of a Referee, the assessment panel must consider the matters set out in subclauses (2) and (3) of rule 38.

    (2) In considering, for the purposes of section 6A(2)(b) of the Act whether a candidate is capable of performing the functions of the Principal Disputes Referee, the assessment panel must consider—

    • (a) the candidate's leadership abilities:

    • (b) the candidate's management expertise:

    • (c) the candidate's ability to accept public scrutiny:

    • (d) the candidate's awareness of tikanga Maori:

    • (e) any other personal attribute, knowledge, or experience of the candidate that the panel considers relevant.

    Rule 35C: inserted, on 17 December 1998, by rule 2 of the Disputes Tribunals Amendment Rules (No 4) 1998 (SR 1998/355).

Assessment of candidates for appointment or reappointment as Referees

36 Advertising for candidates
  • (1) For the purpose of encouraging the nomination, as candidates for appointment as Referees, of men and women from diverse backgrounds and diverse ethnic and age groups, the Secretary for Justice shall cause every notice under section 8(1)(a) of the Act—

    • (a) to be advertised in the area served or to be served by the Tribunal in respect of which the appointment or reappointment is proposed to be made; and

    • (b) to be publicised by such other means, including contact with community groups operating in the area, as appear to the Secretary to be necessary to ensure that it reaches a wide section of the community in the area.

    (2) The Secretary for Justice shall, on receiving from members of the public the names of any persons whom they consider would be suitable for appointment as Referees, refer those names to the assessment panel appointed under section 8(1)(b) of the Act.

    (3) The assessment panel shall invite the persons whose names are referred to it to forward to the panel, by a date specified by the panel, an application for appointment or, as the case may be, reappointment as a Referee.

    (4) Every application under subclause (3) shall be in form 11, and shall be accompanied by a curriculum vitae of the applicant.

    (5) If any person to whom an invitation is given under subclause (3) does not make such an application by the date specified by the panel, that person shall not be assessed by the panel for appointment or reappointment as a Referee.

    Rule 36(1)(a): amended, on 1 October 2012, by rule 8 of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

37 Assessment of candidates
  • (1) The assessment panel shall select from the applications received by it under rule 36(3) the persons whom the panel considers are most likely to be suitable for appointment or reappointment as Referees, having regard to the criteria specified in rule 38, and shall invite those persons to attend at a time and place specified by the panel to be assessed by the panel in accordance with subclause (2) of this rule.

    (2) For the purposes of assessing a candidate for appointment or reappointment as a Referee, the panel—

    • (a) must interview the candidate; and

    • (b) may require the candidate to participate, in the role of a Referee, in at least 3 simulated proceedings under the Act; and

    • (c) may hold a group discussion with the candidate and any other candidates on such topic or topics as the panel thinks fit; and

    • (d) may require the candidate to undergo other forms of assessment as the panel thinks fit.

    (3) During any assessment the members of the panel may ask any candidate any questions that may assist the panel to determine whether or not the candidate meets the criteria specified in rule 38.

    (4) At least 3 of the members of the panel shall be present during each part of the assessment, and each member of the panel shall independently assess each candidate in accordance with the criteria specified in rule 38.

    (5) On completing the assessment, the panel shall retire to consider whether or not to make a recommendation for appointment or reappointment in accordance with section 8(3) of the Act.

    Rule 37(2): replaced, on 1 October 2012, by rule 9 of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

38 Criteria for assessment of candidates
  • (1) In assessing a candidate for appointment or reappointment as a Referee, an assessment panel appointed under section 8(1)(b) of the Act shall consider the candidate's personal attributes, knowledge, and experience.

    (2) In considering a candidate's personal attributes, the panel shall consider the following matters:

    • (a) the ability of the candidate—

      • (i) to listen:

      • (ii) to assess information and to make decisions:

      • (iii) to relate to, and communicate with, a variety of people:

      • (iv) to respond sensitively and appropriately to cultural differences:

      • (v) to express himself or herself clearly:

      • (vi) to engage in alternative ways of resolving disputes, and to assess when such alternatives are appropriate:

    • (b) the candidate's level of maturity and self-awareness:

    • (c) the candidate's use of commonsense and practical judgement:

    • (d) the candidate's fairmindedness and impartiality:

    • (e) the attitude of the candidate towards, and his or her suitability for, training in the work of a Referee:

    • (f) any other personal attributes that the panel considers relevant.

    (3) In considering a candidate's knowledge and experience, the panel shall consider the candidate's knowledge of, or experience in,—

    • (a) the work of a Referee:

    • (b) the law and the legal system generally:

    • (c) mediation, arbitration, and conflict management:

    • (d) the language and customs of any ethnic group:

    • (e) any profession, business, trade, or other occupation, whether engaged in for payment or otherwise:

    • (f) any skill or interest:

    • (g) any community organisation or voluntary organisation:

    • (h) any other matter the panel considers relevant.

Revocations

39 Revocations
  • The following rules are hereby revoked:

    • (a) the Small Claims Tribunals Rules 1977 (SR 1977/137):

    • (b) the Small Claims Tribunals Rules 1977, Amendment No 2 (SR 1986/359):

    • (c) the Small Claims Tribunals Rules 1977, Amendment No 2 (SR 1988/35).


Schedule
Forms

Contents

1Disputes Tribunal: claim form
1ADisputes Tribunal: Agreement to extend financial limit
2Notice of hearing to applicant
3Notice of hearing and particulars of the claim to respondent/other party
4Disputes Tribunal: Acknowledgement from applicant's insurer
5Summons to witness
6Disputes Tribunal: Notice of objection to enforcement of order
7Disputes Tribunal: Request to enforce work order
8Disputes Tribunal: Request to enforce term of agreed settlement
9Disputes Tribunal: Application for rehearing
10Notice of appeal to District Court against decision of Disputes Tribunal
11Application for appointment as Referee

Form 1
Disputes Tribunal: claim form

r 4

What is this form for?

Use this form to make a claim to the Tribunal.

Ways to complete this form

This form may be completed by post or in person, or online at www.justice.govt.nz. Your insurer may complete this form online on your behalf if they have gained your express consent.

Completing and submitting this form by post or in person
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that you have answered all questions and signed and dated it.

    Note: This form will be returned to you if it is incomplete, unsigned, or undated.

  • 4 Submit this form by post or in person to the District Court closest to your physical address.

    Note: If you live in Auckland, there are 5 District Courts: North Shore, Waitakere, Auckland City, Manukau, and Papakura. Full address details for all District Courts can be found at www.justice.govt.nz.

What happens after you have submitted this form

A copy of this form will be sent by the Tribunal to all other parties (to all the respondent(s)) to the claim.

Part 1: Applicant (you, the individual or organisation making the claim)

If claiming as a trustee of a trust, state that and name all other trustees (if any) of the trust.

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Note: If your address or contact details change, you must notify the Tribunal immediately.

Do you require an interpreter?

Yes / No

If yes, state the language(s) that you speak:

Part 2: First respondent (the individual or organisation you are claiming against)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (another individual or organisation you are claiming against)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Applicant's insurance and insurer

Is this a claim that could be covered by your insurer? Yes / No

If you have been, are entitled to be, or have sought to be, indemnified (that is, compensated) by your insurer for any loss caused by or arising out of the act, omission, or event on which the claim is based, complete the following:

Full legal name of your insurer:

Your insurance claim number:

Your insurer’s postal address:

Part 5: Details of your dispute

How much do you want the Tribunal to award you?

(Note: if your claim is for more than $15,000 but is not for more than $20,000 you will need to complete an Agreement to Extend Financial Limit form (Disputes Tribunal form 1A) available at www.justice.govt.nz)

What do you claim happened? Include specific details, including relevant dates and locations, of the dispute.

Part 6: Applicant's contact with respondent(s)

Outline what, specifically, you have done to resolve the issue. For example,—

  • What did the respondent(s) say when you asked the respondent(s) to pay or otherwise resolve the issue?

  • How did you contact the respondent(s) (for example, by telephone or email)?

  • On what date did you contact the respondent(s)?

  • When and how did the respondent(s) reply?

  • How is your claim disputed by the respondent(s)?

Signature:

Date:

  • Schedule form 1: substituted, on 19 May 2011, by rule 8(a) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

  • Schedule form 1: amended, on 1 October 2012, by rule 10(1) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 1: amended, on 1 October 2012, by rule 10(2) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 1: amended, on 1 October 2012, by rule 10(3) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 1: amended, on 1 October 2012, by rule 10(4) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

Form 1A
Disputes Tribunal: Agreement to extend financial limit

r 4A

What is this form for?

Use this form to extend the financial limit of your Disputes Tribunal claim. Complete this agreement only if your claim is for more than $15,000 but is not for more than $20,000. The Tribunal can only hear and determine claims within that range if all parties agree to the Tribunal being authorised to do that, and sign and date this form (if submitting this form by post or in person), or if all parties agree and complete this form online.

Ways to complete this form

This form may be completed by post or in person, or online by all parties at www.justice.govt.nz. Your insurer may complete this form online on your behalf if they have gained your express consent.

Completing and submitting this form by post or in person
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that all parties have signed and dated it.

  • 4 Submit this form by post or in person to the District Court closest to the applicant's physical address.

Part 1: Applicant's claim and parties to it

Applicant's claim: [reference number or brief description of claim]

Applicant's name (individual or organisation):

Attention (organisation's contact):

   

First respondent's name (individual or organisation):

Attention (organisation's contact):

   

Name of second respondent (if any, individual or organisation):

Attention (organisation's contact):

   

Applicant's insurer's full legal name (if a party under section 28(4) or (5) or 29(3)(b) of the Act):

Attention (insurer's contact):

Respondent's insurer's full legal name (if a party under section 35(6) of the Act):

Attention (insurer's contact):

Part 2: Agreement

We agree to extend the financial limit of the applicant's claim to (maximum $20,000): $[amount]

Applicant’s signature:

Date:

   

First respondent’s signature:

Date:

   

Second respondent’s signature:

Date:

   

Applicant's insurer’s signature:

Date:

  • Schedule form 1A: inserted, on 19 May 2011, by rule 8(b) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

  • Schedule form 1A: amended, on 1 October 2012, by rule 11(1) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 1A: amended, on 1 October 2012, by rule 11(2) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 1A: amended, on 1 October 2012, by rule 11(3) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

Form 2

r 6(1)

.
  • Schedule form 2: substituted, on 13 September 1999, by rule 5 of the Disputes Tribunals Amendment Rules 1999 (SR 1999/245).

Form 3

r 6(2)

.
  • Schedule form 3: substituted, on 13 September 1999, by rule 5 of the Disputes Tribunals Amendment Rules 1999 (SR 1999/245).

Form 4
Disputes Tribunal: Acknowledgement from applicant's insurer

r 8

What is this form for?

Use this form if you (the applicant) have been, are entitled to be, or have sought to be, indemnified (that is, compensated) by your insurer for any loss caused by or arising out of the act, omission, or event on which your Disputes Tribunal claim is based, and your insurer wishes to waive notice of proceedings, or to abandon rights of subrogation, or both, in respect of your Disputes Tribunal claim.

Ways to complete this form

This form may be completed by post or in person, or online at www.justice.govt.nz. Your insurer may complete this form online on your behalf if they have gained your express consent.

Completing and submitting this form by post or in person
  • 1 This form is to be filled in by you (you must fill in Part 1) and your insurer (it must fill in Parts 2 to 4).

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that you and your insurer have signed and dated it.

  • 4 Submit this form with your Disputes Tribunal Claim Form.

  • 5 Submit this form by post or in person to your closest District Court.

What is subrogation?

Subrogation is an insurer taking the place of an insured person, and having the benefit of the insured person’s rights, in respect of the insured person’s claim against a third person.

Part 1: Parties and insurers

Applicant's name (individual or organisation):

Attention (organisation's contact):

   

First respondent's name (individual or organisation):

Attention (organisation's contact):

   

Name of second respondent (if any, individual or organisation):

Attention (organisation's contact):

   

Applicant's insurer's full legal name:

Attention (insurer's contact):

Part 2: Waiver of notice of proceedings

Does the applicant's insurer require notice? Yes / No

Part 3: Subrogation

Select and complete the options that apply.

There are no uninsured losses.

or

There are uninsured losses of the following amount, namely: $[amount]

The insured losses are of the following amount, namely: $[amount]

The applicant's insurer abandons subrogation rights in respect of $[amount] and wishes to exercise subrogation rights in respect of the balance of the insured losses of $[amount].

or

The applicant's insurer abandons all subrogation rights.

Part 4: Applicant's insurer's details

Insurance claim number:

Applicant's insurer's full legal name:

Attention (insurer's contact):

Contact details

Daytime telephone number:

Mobile telephone number:

Fax number:

Email address:

Insurer’s signature:

Date:

Applicant’s signature:

Date:

  • Schedule form 4: substituted, on 19 May 2011, by rule 8(a) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

  • Schedule form 4: amended, on 1 October 2012, by rule 12(1) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 4: amended, on 1 October 2012, by rule 12(2) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

Form 5
Summons to witness

r 14(1)

Disputes Tribunals Act 1988

In the District Court

at [place]

DT No:

To [name of witness]

[Address]

You are required to attend the Disputes Tribunal to give evidence as a witness in a dispute between:

[Name], [address], applicant, and [name], [address], respondent.

The Tribunal hearing will be held at [place] on [date] at [time], and, after that, at such times and places to which the proceedings may be adjourned.

You are required to attend the hearing at the above place and time, and to bring with you and produce at the hearing the following documents:

(Deputy) Registrar:

Date:

Form 6
Disputes Tribunal: Notice of objection to enforcement of order

r 20

What is this form for?

Use this form to object to an application made to a District Court for the issue of any process to enforce an order—

  • requiring you to pay money as an alternative to compliance with a work order; and

  • that you believe that you have already complied with.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 A notice of objection may only be given on the ground that you believe that the order of the Disputes Tribunal requiring you to pay money has been complied with.

  • 4 This form must be submitted within 21 days after you are given notice of the application to a District Court for the issue of any process to enforce the order requiring you to pay money.

  • 5 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 6 Submit this form by post or in person to the District Court where the Disputes Tribunal claim was heard.

Part 1: Party (individual or organisation) objecting to enforcement of order

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First party (individual or organisation) seeking enforcement of order

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second party (another individual or organisation, if any) seeking enforcement of order

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 5: Declaration

I, the objector, believe the order was fully complied with on or before: [date].

Signature:

Date:

  • Schedule form 6: substituted, on 19 May 2011, by rule 8(a) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

Form 7
Disputes Tribunal: Request to enforce work order

r 21

What is this form for?

Use this form to make a request for the enforcement of a work order.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 4 You must submit a copy of your request and any relevant supporting evidence by post or in person to the District Court where your original Disputes Tribunal claim was heard.

Part 1: Applicant (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 5: Request

State the following information:

  • the term(s) of the order you want enforced:

  • the reasons why you consider the order has not been complied with:

  • whether the other party has complied with the alternative money order:

  • all other relevant information (if any).

Signature:

Date:

  • Schedule form 7: substituted, on 19 May 2011, by rule 8(a) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

Form 8
Disputes Tribunal: Request to enforce term of agreed settlement

r 22

What is this form for?

Use this form if you wish to have enforced a term of an agreed settlement that has not been complied with.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 4 Submit this form by post or in person to the District Court where your original Disputes Tribunal claim was heard.

Part 1: Applicant (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 5: Request

State the term you want enforced, the reasons why you consider the term has not been complied with, and any other relevant information.

Signature:

Date:

  • Schedule form 8: substituted, on 19 May 2011, by rule 8(a) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

Form 9
Disputes Tribunal: Application for rehearing

r 23

What is this form for?

Use this form to apply for a rehearing of your dispute. An application for rehearing can only be made after a Disputes Tribunal order (or approval of agreed settlement or variation of term of agreed settlement). You should provide reasons and evidence to support your application.

Ways to complete this form

This form may be completed by post or in person, or online at www.justice.govt.nz. Your insurer may complete this form online on your behalf if they have gained your express consent.

Completing and submitting this form by post or in person
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 This application must be filed within 28 days of the Disputes Tribunal order (or approval of agreed settlement or variation of term of agreed settlement). If an order made by the Tribunal requires you to make a payment within that 28-day period for filing, you should file this application as early as possible before or after the order requires you to make that payment.

  • 4 If you are filing after that 28-day period for filing, you will need to write to the Disputes Tribunal seeking permission for your application to be considered, and explaining your reason for filing late.

  • 5 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 6 Submit this form by post or in person to the District Court where your original Disputes Tribunal claim was heard.

What happens after you have submitted this form

Filing this application does not affect any enforcement action. You can, however, apply to the District Court (but a filing fee is payable for an application) for a stay of proceedings.

Part 1: Applicant (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Grounds

State the reasons you are applying for a rehearing.

Part 5: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Signature:

Date:

  • Schedule form 9: substituted, on 19 May 2011, by rule 8(b) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

  • Schedule form 9: amended, on 1 October 2012, by rule 13(1) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

  • Schedule form 9: amended, on 1 October 2012, by rule 13(2) of the Disputes Tribunals Amendment Rules 2012 (SR 2012/213).

Form 10
Notice of appeal to District Court against decision of Disputes Tribunal

r 24

What is this form for?

Use this form to appeal to a District Court against a decision of the Disputes Tribunal.

Completing and submitting this form
  • 1 Fill in all sections below.

  • 2 Print in capital letters.

  • 3 The only grounds for an appeal are that the manner in which the Referee conducted the hearing (for example, because the Referee failed to have regard to a provision of an enactment brought to the Referee's attention) or the manner in which the investigator carried out the investigation was—

    • (a) unfair to you; and

    • (b) prejudicially affected the result of the proceedings.

  • 4 This notice of appeal must be filed within 28 days of the Disputes Tribunal’s order (or approval of agreed settlement or variation of term of agreed settlement).

  • 5 If you are filing after that 28-day period for filing, you should do so only within any further time for filing that you have sought by an application made to, and have been allowed by, a District Court Judge.

  • 6 Check, before submitting this form, that it is complete and that you have signed and dated it.

  • 7 Submit this form and any relevant supporting evidence by post or in person to the District Court where your original Disputes Tribunal claim was heard.

Part 1: Appellant (you, the individual or organisation appealing against the Tribunal's decision)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 2: First respondent (individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 3: Second respondent (if any, individual or organisation)

Individual's family name(s):

Individual's first name(s):

Organisation's name (if a corporation or unincorporated body of persons, for example, an individual's employer):

Attention (organisation's contact):

Physical address (a physical address is required)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Postal address (if different from physical address)

Street or road (number and name):

Rural delivery number:

Suburb:

City, town, or district:

Postcode:

Contact details

Daytime telephone number:

Mobile telephone number:

Email address:

Part 4: Appellant's insurer (if any)

If your insurer was a party to the claim (under section 28(4) or (5), 29(3)(b), or 35(6) of the Act), complete the following:

Your insurer's full legal name:

Your insurance claim number:

Your insurer’s postal address:

Part 5: Decision

Date of Tribunal decision:

Place of hearing (that is, name of the District Court where the Disputes Tribunal hearing was held):

CIV number (as stated on the Tribunal's decision):

Part 6: Appeal

What are you appealing against?

State what was—

  • (a) unfair to you; and

  • (b) prejudicially affected your claim.

   

Forms submitted by (select the option that applies):

Appellant:

or

Appellant’s lawyer:

       

Signature:

Date:

  • Schedule form 10: substituted, on 19 May 2011, by rule 8(a) of the Disputes Tribunals Amendment Rules 2011 (SR 2011/104).

Form 11
Application for appointment as Referee

r 36(4)

Disputes Tribunals Act 1988

(Note: Please complete this form and return it, together with your completed curriculum vitae, to the Registrar, District Court, [place], by [date].)

I, [name], of [address], apply for appointment as a Referee of a Disputes Tribunal.

  • 1 Why do you want to be a Referee?

  • 2 What, in your view, is the role of a Referee?

  • 3 What experience and personal attributes can you bring to the position of Referee?

  • 4 Any additional comments?

Signature of Applicant:

Date:

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 February 1989.


Reprints notes
1 General
  • This is a reprint of the Disputes Tribunals Rules 1989 that incorporates all the amendments to those rules as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes