How to Write a Counterclaim Disputes Tribunal NZ

When a Counterclaim Makes Sense

A counterclaim is your own claim against the person who filed against you. It comes up when both sides owe each other something from the same situation — a contractor claims unpaid fees, and the homeowner says the work was defective; a seller claims the buyer short-paid, and the buyer says the goods were faulty.

Filing a counterclaim means both claims get heard together in the same hearing. The Referee can calculate net liability, offsetting what each party owes the other. Without a counterclaim, you'd need to file a separate case and attend two hearings.

The Filing Process

There's no special counterclaim form. You use the standard Disputes Tribunal claim form (the same Form 1A the applicant used against you). The critical steps:

1. Write "COUNTERCLAIM" at the top of the form. This is mandatory — it tells the registry to link your claim to the existing case file.
2. Include the original CIV reference number (e.g., CIV-2026-000-000000) from the claim filed against you. Without this reference, the registry can't join the two claims.
3. Fill in the form as if you were filing a new claim. State the facts, the amount you're claiming, and what you want the Tribunal to order.
4. Submit to the registry — either in person at the District Court or through the online portal at disputestribunal.govt.nz.

Filing Fees

Counterclaims attract the same fee schedule as primary claims, based on the amount you're seeking:

• Under $2,000: $62 NZD
• $2,000 to under $5,000: $124 NZD
• $5,000 to $30,000: $248 NZD
• $30,001 to $60,000: $496 NZD

The $60,000 ceiling applies to counterclaims too — that limit was raised from $30,000 in January 2026 under the Disputes Tribunal Amendment Act 2025. If your counterclaim exceeds $60,000, it can't be heard in the Tribunal and would need to go to the District Court as a separate action.

Filing Deadline

There's no hard statutory deadline for counterclaims, but the practical rule is: file as soon as possible so the registry can serve notice on the other party and schedule both claims for the same hearing. If you file too late, the Referee may not be able to hear both claims together, which defeats the purpose.

Get it filed well before the hearing date listed on your Notice of Hearing. If you need extra time, you can apply to the registry for an adjournment, but there's no guarantee it'll be granted.

What Happens at the Hearing

The Referee hears both the original claim and your counterclaim in the same session. Each side presents their evidence and tells their version. If both claims succeed to some degree, the Referee calculates the net amount — so if the original claim is upheld at $5,000 and your counterclaim at $3,000, the order might be for you to pay $2,000 (the difference).

If your counterclaim involves facts completely unrelated to the original dispute, the Referee may decide it can't be heard as a counterclaim and needs to be filed as a standalone case instead.

Getting Your Evidence Together

A counterclaim lives or dies on the same evidence standards as any other Tribunal case. Organise your documents chronologically, include contracts, photos, receipts, and text messages, and submit copies to both the registry and the other party before the hearing.

For a complete walkthrough of the counterclaim process with CIV cross-referencing instructions and evidence preparation worksheets, see the NZ Disputes Tribunal Response Guide.

See more New Zealand guides →