What Claims Can You Make at the Disputes Tribunal in NZ?

Before you pay the filing fee, you need to confirm that the Disputes Tribunal can actually hear your claim. Filing in the wrong forum wastes your fee (it's non-refundable), your time, and delays resolution while you start over in the right place.

What the Tribunal Handles

The Disputes Tribunal hears civil claims founded in contract, tort (including negligence and property damage), and specific consumer protection statutes — principally the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. It was established under the Disputes Tribunal Act 1988 as a division of the District Court.

Common claims include:

• Contract disputes: a tradesperson didn't finish the job, goods weren't as described, a service wasn't provided as agreed
• Bad workmanship: defective renovation work, botched repairs, substandard services
• Consumer purchases: faulty goods, refused refunds, misleading product descriptions
• Private vehicle sales: disputes between individual buyers and sellers (not registered dealers)
• Property damage: a neighbour's tree damaged your fence, a contractor damaged your property during work
• Unpaid debts that are genuinely disputed: the customer disputes the quality, completion, or price of the work

The $60,000 Ceiling

Since 24 January 2026, the Disputes Tribunal can hear claims up to $60,000. This was doubled from $30,000 by the Disputes Tribunal Amendment Act 2025.

If your total loss exceeds $60,000, you have two options:

Abandon the excess. You can voluntarily give up the portion above $60,000 under Section 14 of the Act. The claim proceeds for $60,000, and you permanently lose the right to recover the abandoned amount in any court. You cannot later refile for the excess.

Go to the District Court. For claims above $60,000 but less than $350,000, the District Court has civil jurisdiction. Its procedures are more formal and costs can be higher, but you can represent yourself; legal advice may help you prepare.

You cannot split a single cause of action into multiple claims to evade the ceiling. If your dispute with the same party about the same transaction totals $80,000, you can't file two $40,000 claims.

What the Tribunal Can't Hear

Several categories of dispute are excluded by statute and must go to specialist forums:

Residential tenancy disputes. Anything between a landlord and tenant under a residential tenancy agreement — bond returns, rent arrears, property damage in a rental — goes to the Tenancy Tribunal under the Residential Tenancies Act 1986. The Disputes Tribunal has no jurisdiction here. However, disputes between private flatmates or room-renters in arrangements not covered by the Residential Tenancies Act can go to the Disputes Tribunal.

Motor vehicle dealer disputes. If you bought a vehicle from a registered motor vehicle trader, your claim goes to the Motor Vehicle Disputes Tribunal (MVDT) under the Motor Vehicle Sales Act 2003, which has a $100,000 cap. Private sales between individuals stay in the Disputes Tribunal.

Employment disputes. Disagreements arising from employment agreements or personal grievances are handled by Employment New Zealand and the Employment Relations Authority under the Employment Relations Act 2000.

Undisputed debts. If someone owes you money and acknowledges the debt but hasn't paid, there's no dispute for the Tribunal to resolve. You can file a District Court debt claim; for a liquidated amount, a default judgment may be available if the defendant does not defend, and summary judgment may be available if they have no defence.

Property titles and intellectual property. Claims about land ownership, real property titles, patents, trademarks, or copyright are excluded.

Disputes Tribunal vs Tenancy Tribunal

This is the most common confusion. If the arrangement is a residential tenancy covered by the Residential Tenancies Act, it goes to the Tenancy Tribunal. Some disputes between flatmates in arrangements outside the Act, or between a homeowner and a contractor working on the property, can go to the Disputes Tribunal.

If you're unsure, check whether the arrangement is covered by the Residential Tenancies Act; a written or "formal" agreement is not required for every covered tenancy. If it is covered, use the Tenancy Tribunal. If not, check which forum has jurisdiction over the dispute.

The Dispute Must Be Genuine

The Tribunal requires an active dispute — a genuine disagreement between the parties. If the other party admits they owe you the money but just hasn't paid, the Tribunal can dismiss your claim for lack of jurisdiction. A demand letter documents your attempt to resolve the issue, but silence alone does not establish that a genuine dispute exists; a response disputing liability or amount is evidence of one.

The NZ Disputes Tribunal filing guide includes a forum decision tree to route your dispute to the correct tribunal before you spend money on the wrong filing fee.

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