Sued by Contractor NZ — What to Do at the Disputes Tribunal

The Most Common Scenario

A contractor or tradesperson claims you owe money for work they did on your property. Maybe it's the full invoice, maybe it's the final payment you withheld because the work wasn't finished or wasn't up to standard. They've filed a claim in the Disputes Tribunal, and now you have a Notice of Hearing with a CIV reference number and a date.

This is one of the most frequent dispute types in the Tribunal. The good news: the process is designed for exactly this kind of disagreement between a homeowner and a tradesperson. The $60,000 jurisdiction limit (raised from $30,000 in January 2026) means even substantial renovation disputes can be heard here rather than in the more expensive District Court.

First Steps After Being Served

Read the claim carefully. The contractor's claim form sets out their version: the agreed scope, the price, and why they say you owe money. Note what they're claiming for — sometimes contractors include charges for extras you never agreed to, or claim the full contract price for incomplete work.

Verify the notice. Call 0800 COURTS (0800 268 787) with your CIV number to confirm the case is real.

Gather your paper trail. Every contractor dispute comes down to what was agreed and what was delivered. Pull together:

• The original quote, estimate, or contract
• Any written variations or change orders (signed or otherwise)
• Text messages and emails discussing the scope, timeline, and price
• Photos of the work — both progress shots and the current state
• Invoices, receipts, and bank records showing what you've already paid
• Any independent quotes or reports on defective or incomplete work

Building Your Defence

Your defence depends on why you haven't paid. Common positions:

The work wasn't completed. Document exactly what was left unfinished. Get a quote from another tradesperson to complete the remaining work — this establishes the cost of finishing and shows the Referee what was missing.

The work was defective. Photos are critical. Take wide shots showing the overall area and close-ups of specific defects. If possible, get a written assessment from another qualified tradesperson describing the faults and estimating repair costs. Under New Zealand consumer protection law (Consumer Guarantees Act 1993), services must be carried out with reasonable care and skill.

You never agreed to the amount. If the contractor did extra work without your written approval and is now billing for it, your text messages, emails, and the original contract scope become your primary evidence. The Tribunal will look at what was agreed versus what was done.

Should You Counterclaim?

If the defective or incomplete work has cost you money — you've paid someone else to fix it, or you've suffered damage because of shoddy work — consider filing a counterclaim. This gets heard at the same time as the contractor's claim, and the Referee can offset the amounts.

A counterclaim uses the standard claim form with "COUNTERCLAIM" written at the top and the original CIV number. Filing fees range from $62 to $496 depending on the amount you're claiming. File as early as possible so both claims can be consolidated into one hearing.

At the Hearing

The Referee hears the contractor's account first, then yours. They'll ask questions directly — this is an inquisitorial process, not a courtroom drama. Present your evidence chronologically: here's the contract, here's what was agreed, here's what was delivered (or not delivered), here are the photos, here's what it cost to fix.

Stay factual and calm. Referees are experienced at separating documented facts from emotional claims. "The shower leaked because the waterproofing was done incorrectly — here's the plumber's report" is more effective than "they ruined my house."

For a step-by-step walkthrough of defending a contractor claim, including evidence organisation templates and hearing preparation checklists, the NZ Disputes Tribunal Response Guide covers the full process.

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