Letter of Demand NZ: How to Write One Before the Disputes Tribunal
A demand letter is not a statutory pre-filing requirement, but it gives the other party a chance to resolve the problem and documents your attempt to do so. The Tribunal still decides whether a genuine dispute exists, which is a jurisdictional requirement.
If the other party simply owes you money and acknowledges the debt but doesn't pay, the Disputes Tribunal can't help you. That's a debt collection matter for the District Court. A response disputing liability or amount is evidence of a genuine dispute; silence alone does not establish one.
What to Include
Your demand letter should be factual, specific, and free of threats. Here's what it needs:
Your details. Full legal name, physical address, phone number, email. This isn't optional — it identifies you as the applicant if the matter proceeds.
The respondent's details. Their full legal name (not a trading name — check the Companies Office register for companies). Physical address for service.
A factual summary. What the agreement or transaction was, what went wrong, and when. Stick to dates and facts. "On 15 March 2026, I paid a $5,000 deposit for bathroom renovation work. The agreed completion date of 30 April passed with no work started" is far more effective than "You took my money and disappeared."
The specific amount you're claiming. Break it down: original payment, cost of remedial work, any consequential losses. Attach or reference supporting documents (invoices, quotes, photos) if you have them.
A clear deadline. Give the respondent 10 to 14 working days to either pay the amount or propose a resolution. This is your reasonable attempt at resolution — the Referee will want to see that you gave them a fair window.
A statement of intent. If the deadline passes without resolution, you intend to file a claim with the Disputes Tribunal. State this plainly, without aggression.
How to Send It
Send the demand letter by a method that creates a record of delivery:
- Registered post with tracking from NZ Post (you'll get a delivery confirmation)
- Tracked courier (same idea — proof it arrived)
- Email with a read receipt (weaker, but acceptable if the respondent routinely uses that email for business)
Keep a copy of the letter and the delivery proof. You'll attach these to your claim form and bring them to the hearing.
Don't send it by text message or social media. These are harder to authenticate at a hearing and look less serious.
What Happens After You Send It
Three outcomes are possible:
They pay or settle. Problem solved — no filing needed. If they offer a partial payment, you can negotiate or proceed with a claim for the remainder.
They respond but disagree. This actually helps you. Their response confirms a genuine dispute exists, and you now know their position before the hearing. Save their response — it's useful evidence.
They ignore it. After the deadline passes, file your claim. The unanswered demand letter shows the Referee that you tried to resolve things directly. Attach both the letter and proof of delivery to your application.
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Common Mistakes
Being too vague. "You owe me money for bad work" doesn't give the respondent enough information to respond. Specify the exact amount, the exact problem, and the exact deadline.
Being too aggressive. Threats, insults, or legal-sounding language you don't fully understand weakens your position. The Referee reads these letters and forms an impression of both parties from the paperwork alone.
Sending it to the wrong entity. If the respondent is a registered company, use its exact registered legal name. Check the Companies Office register for its registered office address and send the demand to an address where you can document delivery; use the correct address for service on the claim form.
Skipping the deadline. A demand letter without a response deadline isn't a demand — it's a complaint. Give them a specific date by which to respond.
The complete NZ Disputes Tribunal guide includes a fillable demand letter template with a send log so you can track delivery and deadlines before filing.
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