What Happens If You Don't Attend the NZ Disputes Tribunal Hearing

The Referee Proceeds Without You

If you've been properly served with a Notice of Hearing and don't show up, the hearing goes ahead under Section 42 of the Disputes Tribunal Act 1988. The referee hears the claimant's evidence, examines their documents, asks questions — and can issue a binding order based entirely on what the claimant presents.

This is not technically a "default judgment" in the way District Court civil cases work. The referee still has to evaluate whether the claimant's evidence actually supports their claim on the balance of probabilities. But with nobody there to challenge the evidence, question the amounts, or present a different version of events, the claimant's account stands largely unopposed.

If the claimant's evidence is unchallenged, the referee may accept it on the balance of probabilities and make an order in the claimant's favour.

What a Non-Attendance Order Looks Like

The referee's order is binding and enforceable. It typically specifies:

• The amount you must pay (up to $60,000 since January 2026)
• The deadline for payment
• The consequences of non-payment

If you don't pay within the specified timeframe, the order can be enforced through the District Court. Options include an attachment order directing an employer or Work and Income New Zealand (WINZ) to deduct regular instalments from wages or benefits, a warrant to seize property, or a charging order against real estate. An unpaid order does not automatically appear on a credit file; it may be recorded if the successful party registers it with a credit-reporting agency or starts formal District Court enforcement proceedings.

Can You Still Do Anything After Missing the Hearing?

Yes, but your options narrow significantly.

Apply for a rehearing. Under Section 49 of the Act, you can apply for a rehearing within 20 working days of the decision date. Filing is free. Grounds can include not receiving the Notice of Hearing, an unexpected valid reason that prevented attendance, an obvious calculation error, or fresh, vital evidence discovered after an agreed settlement that could not reasonably have been found earlier. A rehearing is not granted simply because you disagree with the decision; explain the applicable ground and provide supporting information.

Appeal to the District Court. You have 20 working days to file a Notice of Appeal ($275 filing fee). Appeals are limited to procedural unfairness by the referee that prejudicially affected the outcome — not disagreements with the decision. If the referee conducted the hearing properly (even without you there), an appeal is unlikely to succeed simply because you weren't present.

Negotiate compliance. Even after an order is made, you can contact the claimant to negotiate the payment terms — instalment arrangements, for example. This doesn't change the order, but it can prevent enforcement proceedings.

What If You Can't Attend but Know in Advance?

If you know before the hearing that you can't make the date, apply for an adjournment as early as possible. Send a written request to the Tribunal registry listed on your Notice of Hearing, include your CIV reference, explain the reason, and provide supporting evidence where available. Examples of reasons include:

• Sudden illness or mandatory medical treatment
• Unavoidable travel

The earlier you apply, the more likely the adjournment is granted. Applying on the morning of the hearing is possible but much harder to justify.

The Missed-Deadline Trap

Some respondents confuse the hearing date with a "response deadline." In the Disputes Tribunal, there is no mandatory written response deadline — you don't need to file a defence document before the hearing. The critical date is the hearing itself. Missing it is what triggers the in-absentia procedure.

That said, ignoring the notice entirely is the worst approach. Even if you can't attend, sending a written statement with your evidence to the Tribunal registry before the hearing date gives the referee something to consider on your behalf. It's not as effective as being there in person, but it's vastly better than silence.

Taking the Hearing Seriously

The consequences of non-attendance are real: a binding order may lead to District Court enforcement. Attending the hearing — even if you think the claim is weak or unjustified — is the only way to present your side.

The NZ Disputes Tribunal Response Guide covers what to do from the moment you receive a Notice of Hearing through to the decision, including an adjournment request walkthrough and a hearing-day checklist for respondents who need to prepare quickly.

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