Disputes Tribunal NZ Support Person and Self-Representation Rules

Most Individuals Represent Themselves

The Disputes Tribunal operates under strict limits on representation. Under Section 38 of the Disputes Tribunal Act 1988, lawyers are barred from appearing as advocates or representing parties during hearings. Most individual parties present their own cases, but the Tribunal can approve representatives in limited situations, including for a corporation or unincorporated body, a minor or person under disability, or where sufficient cause prevents a party from appearing or adequately presenting their case. The claim amount does not change these rules, including for claims in the $30,001–$60,000 bracket introduced in January 2026.

The rationale: the Tribunal is designed as an informal, accessible forum where a Referee asks questions and investigates the facts directly. It's inquisitorial rather than adversarial, so the skills a lawyer brings to a courtroom — cross-examination technique, procedural objections, legal argument — aren't how the Tribunal works.

What a Support Person Can Do

You can bring a friend, family member, or other trusted person to the hearing with you. Their role is moral support. They sit beside you, they're present for the conversation, and their being there can help with nerves.

What they can't do: speak on your behalf, answer the Referee's questions for you, present evidence, or act as your advocate in any way. If your support person starts speaking up during the hearing, the Referee will stop them. Think of them as there for you, not for the Tribunal.

Support persons attend with the Referee's permission, and it's rarely refused. Let the registry know in advance if you're bringing someone, especially if the hearing room is small.

Exceptions to Self-Representation

The law carves out narrow exceptions:

• Companies and businesses can be represented by a director, officer, or full-time employee with written authorisation from the company. They don't need to be legally qualified — just someone with direct knowledge of the facts and authority to settle.
• Minors and incapacitated persons can be represented by a parent, legal guardian, or court-approved representative. The representative can't be a lawyer or experienced advocate.
• In exceptional circumstances, a Referee may allow lay representation under Rule 9 if a party has a severe disability or other condition that prevents them from presenting their own case.

Getting Legal Advice Before the Hearing

The ban on lawyers at the hearing doesn't stop you from getting legal advice beforehand. A lawyer can help you understand the legal principles relevant to your dispute, review your evidence, and suggest how to structure your presentation. They just can't walk into the hearing room with you.

Community Law Centres across New Zealand offer free legal information and, for income-eligible people, one-on-one advice. Citizens Advice Bureau (CAB) can point you toward resources and help you understand the process. Neither organisation can represent you at the hearing either, but their guidance can make a real difference to your preparation.

Making Self-Representation Work

The Referee isn't expecting polished legal argument. They're expecting your honest account of what happened, supported by documents. The things that actually help:

• Organise your evidence chronologically with page numbers
• Prepare a brief written summary of your version of events
• Answer the Referee's questions directly and honestly
• Stick to facts you can document — save opinions for when the Referee asks
• Stay calm, even if the other party says something you disagree with

For a complete self-representation preparation framework including evidence indexing, hearing-day checklists, and a post-decision action map, the NZ Disputes Tribunal Response Guide covers every stage of the process.

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