How to Write an Evidence Statement for the NZ Disputes Tribunal

Why a Written Evidence Statement Matters

The Disputes Tribunal doesn't require you to submit a written statement before the hearing. But preparing one is the single most practical thing you can do. Referees value organised, chronological presentations — and under the stress of a hearing, your memory alone won't serve you well.

A written evidence statement gives you a clear framework to present your side, helps the referee follow your account, and ensures you don't forget critical details when the conversation moves quickly.

Structure Your Chronology First

Before writing anything, build a timeline. Every dispute has a sequence of events — and the referee needs to understand what happened, when, and what evidence supports each point.

Create a simple table:

This chronology becomes the backbone of your statement. Number your supporting documents and reference them throughout — the referee will follow along in the bundle you provide.

Writing the Statement

Keep it factual, specific, and short. A good evidence statement for a Disputes Tribunal hearing runs one to three pages. The referee doesn't want a legal essay — they want a clear account they can verify against the documents.

Opening paragraph. State who you are, your role in the dispute (respondent), the CIV reference number, and a one-sentence summary of your position. For example: "I am the respondent in CIV-2026-009-001234. The claimant contracted me to renovate their kitchen for $12,000. I completed the work to the agreed standard, and the claimant's refusal to pay the final invoice is unjustified."

The facts, in order. Walk through the chronology. For each significant event, state what happened, reference the supporting document, and explain why it matters. Avoid emotional language — "the claimant refused to let me fix the minor scratch" is stronger than "the claimant was completely unreasonable."

Your response to the claim. Address each specific allegation in the claim form. If the claimant says the work was substandard, explain what standard was agreed and how your work met it. If they say you overcharged, show the quote and the agreed variations.

What you're asking for. State your position clearly: you want the claim dismissed, or you want a reduced amount, or you've filed a counterclaim for the balance owed.

Preparing an Opening Statement

At the hearing, the referee will typically ask each party to summarise their position in a few minutes. This isn't a formal "opening statement" in the courtroom sense — it's a brief spoken summary.

Prepare a version of your written statement condensed to about 90 seconds. Hit three points:

1. What the agreement was
2. What you did (or what the other party failed to do)
3. What you're asking the referee to decide

Don't read your full written statement aloud — the referee will have it in front of them. Use the spoken summary to highlight the key facts and point to the most important documents.

Serving Your Evidence

Submit your evidence bundle to both the Tribunal and the other party before the hearing — ideally at least two weeks ahead. This isn't legally required but is strongly recommended. Referees react poorly to surprise evidence produced at the hearing, and the other party may request an adjournment if they haven't seen your documents.

Your bundle should include:

• Your written evidence statement
• The chronology table
• Numbered copies of all supporting documents (contracts, emails, photos, receipts, expert reports)
• A cover page listing every document with its number

For paper submissions, prepare the original plus three full physical copies for the registry. Exchange the required copy with the other party before the hearing.

Common Mistakes

Writing too much. Three pages of focused facts beat ten pages of narrative. The referee will skim a long statement and may miss your best points.

Including irrelevant background. The referee doesn't need to know you've been a builder for 30 years or that the claimant's neighbour has a similar problem. Stick to what happened in this specific dispute.

Emotional language. Calling the other party dishonest, greedy, or unreasonable undermines your credibility. Let the documents speak for themselves.

Undocumented claims. If you say "I sent three follow-up emails offering to fix the problem," include those emails. An assertion without a supporting document carries far less weight.

The NZ Disputes Tribunal Response Guide includes an evidence index worksheet and a chronology template designed for respondents, along with a hearing-day checklist that covers document preparation and presentation sequencing.

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