Served With a Disputes Tribunal Claim in NZ and Your Hearing Is Soon — What to Do

If your Disputes Tribunal hearing is days away and you have barely started preparing, focus on three things: confirm the notice is real, organise whatever evidence you have into chronological order, and show up. Everything else — counterclaims, adjournment requests, structured worksheets — matters, but those three things are the minimum that helps you avoid an order being made in your absence on evidence the Referee accepts.

This page is a triage plan for respondents running out of time. It prioritises the highest-impact preparation steps and tells you what to skip when you cannot do everything.

Day One: The Three Non-Negotiable Steps

1. Verify the Notice Is Genuine

Call the Disputes Tribunal registry on 0800 COURTS (0800 268 787) and confirm:

• The CIV reference number on your notice matches their records
• The hearing date, time, and location are correct
• The applicant's name matches a real claim

Scam notices mimicking Ministry of Justice correspondence do circulate. Do not prepare for a hearing that does not exist, and do not ignore a hearing that does.

2. Decide Your Response Strategy

You have four options. Choose the response that fits; you can dispute the claim and also file a related counterclaim.

Dispute the claim. You believe you do not owe the money or are not responsible. Gather every document that supports your position: the contract, receipts, emails, text messages, photos.

Admit the claim. You accept you owe the amount. You can propose an instalment plan before the hearing. If you reach an agreement, put it in writing and contact the registry; do not assume the hearing is cancelled unless the Tribunal confirms.

Settle before the hearing. Contact the applicant directly and try to agree on a resolution. If you reach an agreement, put it in writing and submit the signed settlement to the Tribunal registry. The applicant must formally withdraw the claim — until the Tribunal confirms the hearing is cancelled, you must still attend.

File a counterclaim. If the applicant owes you money arising from the same transaction or set of facts, you can lodge a related counterclaim on the same CIV number. Filing fees range from NZ$62 to NZ$496 depending on the claim value (under the 2026 fee schedule). File it as soon as possible so the registry has time to link the matters for a joint hearing; if your hearing is less than a week away, contact the registry promptly about timing.

3. Decide Whether to Request an Adjournment

If your hearing is so soon that you genuinely cannot prepare, lodge a formal written application with the registry as early as possible, explaining why and attaching supporting evidence. Under Rule 7, a Referee or Registrar may enlarge or alter a hearing date, but a request does not itself change the date; wait for written confirmation. You are more likely to get one if:

• You were served late and did not receive adequate notice
• You need time to obtain essential documents (bank records, expert reports)
• You have a genuine scheduling conflict (medical appointment, pre-booked travel with evidence)

If the adjournment is refused, you prepare with whatever time you have. Attending partially prepared is better than not attending at all.

Days Two Through Five: Evidence Organisation

If your hearing is more than a couple of days away, use this time on the single highest-impact preparation task: building an evidence chronology.

Build a Chronology (Even a Rough One)

Referees expect facts presented in date order. A chronological evidence table — even a handwritten one — puts you ahead of the majority of self-represented respondents who arrive with loose papers.

Go through your phone messages, email, bank statements, and any contracts or invoices related to the dispute. Pull out everything relevant, put it in date order, and number each document. For paper evidence, submit the original plus three full copies to the Tribunal registry, and exchange the evidence with the applicant before the hearing.

If the hearing is close and you cannot prepare or exchange the required copies in time, contact the registry immediately for instructions. Do not assume you can first show the applicant the documents during the hearing.

Gather the Documents That Matter Most

When time is short, prioritise these (in order of impact):

1. The contract or agreement — if one exists, this is the foundation of the dispute
2. Payment records — bank statements, receipts, invoices showing what was paid and when
3. Written communications — emails and text messages between you and the applicant, in date order
4. Photos — if the dispute involves defective work, damaged goods, or a vehicle, photos taken at the time carry significant weight
5. Expert opinions — if you have a quote, inspection report, or tradesperson's assessment, bring it

Do not fabricate or exaggerate evidence. Referees are experienced at spotting inconsistencies, and dishonesty destroys your credibility on every other point.

The Day Before: Final Preparation

Confirm the hearing details. Double-check the date, time, and location on your notice. If the hearing is at a courthouse you have never visited, look up the address and plan your route.

Pack your evidence bundle. Bring your numbered working copy, and check that paper evidence has been submitted to the registry as the original plus three full copies and exchanged with the applicant. Bring a pen and a notepad.

Prepare your three-point summary. When the Referee asks you to present your side, cover these:

1. What happened (walk through the chronology)
2. Why you disagree with the claim (or: what you are willing to admit)
3. What outcome you are asking for

Keep it factual. You do not need a script — notes are fine. Referees guide the conversation and will ask follow-up questions.

Check whether you need an interpreter. If English is not your first language, you can request an interpreter through the Tribunal registry. This needs to be arranged in advance — if you have not already requested one, call 0800 COURTS immediately.

Hearing Day

Arrive 15 minutes early. The hearing typically runs 60 to 90 minutes. The sequence:

1. The Referee explains the process
2. The applicant presents their claim
3. The Referee questions the applicant
4. You present your response
5. The Referee questions you
6. Both parties may respond to each other's points
7. The Referee may try to facilitate a settlement
8. If no settlement, the Referee reserves the decision or announces it

Do not interrupt the applicant. You will get your turn. Note anything you want to respond to and address it when the Referee asks for your side.

If you are attending by phone (some hearings offer remote attendance), test your connection beforehand, find a quiet room, and have your documents in front of you. If the connection drops, call the registry immediately to rejoin.

What Happens If You Do Not Attend

If you do not attend and have not obtained an adjournment, the Referee may proceed without you. They will still evaluate the applicant's evidence — this is not an automatic win for the other side — but presenting only one party's evidence almost always results in an order against the absent respondent.

If an order is made in your absence, you can apply for a rehearing. Valid grounds include not receiving the Notice of Hearing or being unexpectedly unable to attend for a valid reason, such as a medical emergency.

Attending partially prepared is always better than not attending at all.

When Structured Tools Help

If your hearing is more than a week away, you have time for more thorough preparation. The Hearing-Ready Roadmap is a 49-page respondent guide with 8 printable worksheets — a Notice Verification Worksheet, a Response Decision Flowchart, an Evidence Index and Chronology template, hearing-day and remote-hearing checklists, a Post-Decision Action Planner, a Working-Day Calculator, and an Agency Communication Log.

Even with a tight timeline, the Evidence Index worksheet and the Hearing-Day Checklist are immediately usable — they take about an hour to fill out and cover the preparation steps in this page in a structured, printable format.

Who This Is For

• You have been served with a Disputes Tribunal claim and the hearing is within the next two weeks
• You have not started preparing and need to know what to prioritise
• You are considering requesting an adjournment and want to understand the process
• You are wondering whether it is too late to file a counterclaim

Who This Is NOT For

• Tenancy Tribunal matters — different tribunal, different procedures
• Motor vehicle dealer disputes — Motor Vehicle Disputes Tribunal
• Claims over NZ$60,000 — District Court
• Respondents who received the notice months ago and have ample time to prepare (the full preparation approach is more appropriate)

Frequently Asked Questions

Is it too late to file a counterclaim if my hearing is next week?

It depends. Counterclaims should be lodged as soon as practicable, using a claim form marked COUNTERCLAIM and quoting the original CIV number; the standard fee applies. Contact the registry immediately to ask whether it can be linked to the scheduled hearing. If not, ask the registry how to proceed and whether a separate claim is needed.

Can I request an adjournment on the day of the hearing?

You can ask, but a request does not itself change the hearing date. Submit a written application as early as possible; a same-day adjournment is not guaranteed. If you have a genuine emergency (medical, bereavement), explain it and provide evidence if possible.

What if I cannot find all my documents in time?

Submit what you can to the registry and exchange it with the applicant before the hearing. If critical documents are unavailable, explain that in a written adjournment application; whether it is granted is up to the Tribunal.

Should I try to settle with the applicant before the hearing even if time is short?

If the claim has merit and you can agree on terms, settling saves both parties the hearing. Put any agreement in writing, both sign it, and submit it to the registry. But do not agree to terms you cannot honour just to avoid the hearing — a broken settlement can result in a worse outcome than disputing the claim would have.

Is there a refund if the guide doesn't help?

Full refund, no time limit. Email [email protected].

See more New Zealand guides →