Disputes Tribunal NZ Evidence Checklist: What to Prepare and How to Present It

The Referee who hears your Disputes Tribunal claim has no background on your situation until they read your evidence. If your documents are disorganised, incomplete, or hard to follow, your case suffers — even if the facts are on your side. Preparation is the one thing entirely within your control.

What Counts as Evidence

The Disputes Tribunal isn't bound by the strict rules of evidence that apply in the District Court or High Court. Under Section 18 of the Disputes Tribunal Act 1988, the Referee decides based on justice and equity rather than legal technicalities. That said, clear, well-organised evidence is still what wins cases.

Here's what to gather:

Contracts and agreements. The original written agreement, any variations, emails confirming terms. If the agreement was verbal, write down what was agreed, when, and who was present.

Financial records. Invoices, receipts, bank statements showing payments made, quotes for repair or replacement. The Referee needs to see exactly how you calculated the amount you're claiming.

Photos and video. Print colour photos of defective work, damaged property, or faulty goods. Date-stamp them if possible. You can offer relevant video as evidence, but check file formats — the hearing room may not have playback equipment, so printed screenshots of key frames are a useful backup.

Correspondence. Print your email chains, text messages (screenshot with dates visible), and letters in chronological order. Include your demand letter and proof of delivery.

Expert reports or quotes. If you hired someone to inspect the defective work or damaged goods, include their written report. Independent repair quotes from a different tradesperson strengthen your claim about the cost of remediation.

Witness statements. If someone saw the events firsthand, they can attend the hearing. A written statement from them is helpful even if they also appear in person.

How to Organise Your Bundle

The Referee may review evidence from multiple cases in a single day. Making yours easy to navigate is a competitive advantage. Here's a structure that works:

Page 1: One-page summary. Your name, the respondent's name, the amount claimed, and 3-4 paragraphs summarising the dispute chronologically. End with what you want the Referee to order.

Pages 2-3: Chronological table. A date-ordered list of key events: when the contract was signed, when the work started (or didn't), when you first complained, when you sent your demand letter, and when the deadline passed.

Remaining pages: Supporting documents. Attach contracts, invoices, photos, correspondence, and expert reports in chronological order. Number every page in the top corner.

Cross-reference your summary. When your summary mentions a key document, reference the page number: "As shown in the invoice on page 8" or "Photos of the damage appear on pages 12-14."

The Five-Working-Day Rule

Submit your complete evidence bundle to the Registry and provide a copy to the other party at least five working days before the hearing. This isn't just good practice — it's a Registry direction that gives both the Referee and the respondent time to review your materials.

Late evidence creates problems. The Referee may refuse to consider documents that the other party hasn't had time to review, or adjourn the hearing — which delays your resolution by weeks.

Common Evidence Mistakes

Too much irrelevant material. Including every text message from a two-year business relationship buries the important evidence in noise. Include only the messages that relate directly to the dispute, the agreed terms, or the failed resolution attempts.

No financial breakdown. Saying "they owe me $8,000" without showing how you calculated that number weakens your claim. The Referee needs to see original costs, repair quotes, and any deductions to verify the total.

Missing the demand letter. A demand letter can document your attempt to resolve the issue, but it is not a statutory pre-filing requirement and its absence alone does not mean there is no genuine dispute.

Photos without context. A photo of a cracked wall means nothing without a caption explaining when it was taken, what caused the damage, and which part of your claim it relates to. Label every photo.

The NZ Disputes Tribunal filing guide includes a paginated evidence preparation worksheet that walks you through indexing and organising your bundle step by step.

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