Tenancy Tribunal vs Disputes Tribunal NZ — Which One Handles Your Case?

Two Tribunals, Two Different Jobs

New Zealand has separate tribunals for property-related disputes, and filing in the wrong one wastes time, fees, and preparation effort. The Tenancy Tribunal handles disputes under the Residential Tenancies Act 1986. The Disputes Tribunal handles general civil claims — breach of contract, faulty goods, damaged property, or genuinely disputed debts — under the Disputes Tribunal Act 1988. It is not a debt-collection forum for an admitted, undisputed debt.

The dividing line comes down to one question: does the dispute arise from a residential tenancy agreement?

When It's the Tenancy Tribunal

The Tenancy Tribunal has exclusive jurisdiction over disputes between landlords and tenants that involve:

• Bond refunds and deductions — disagreements over cleaning, damage, or the amount withheld
• Rent arrears or overpayment — claims for unpaid rent or rent paid beyond what was owed
• Maintenance and repairs — the landlord's obligation to maintain the property in a reasonable state
• Notice periods and termination — disputes about how much notice was given and whether it was valid
• Tenant rights during the tenancy — privacy, quiet enjoyment, and the landlord's right of entry
• Unlawful actions by either party — retaliatory notices, illegal lockouts, or unapproved subletting

If there is a written or verbal residential tenancy agreement between the parties and the dispute arises from obligations under that agreement, it belongs in the Tenancy Tribunal. Applications are made through Tenancy Services, part of the Ministry of Business, Innovation and Employment (MBIE); check the current fee before filing.

When It's the Disputes Tribunal

The Disputes Tribunal handles the rest — civil claims up to $60,000 (since January 2026) that don't fall under another tribunal's exclusive jurisdiction. Property-related claims that land here include:

• Flatmate disputes — flatmates who are occupiers (not named on a tenancy agreement) fall outside the RTA. Disputes over shared bills, personal property damage, or unpaid cost shares go to the Disputes Tribunal
• Contractor and tradesperson claims — a builder sues a homeowner for an unpaid invoice, or a homeowner sues over faulty renovation work
• Property damage outside a tenancy — a neighbour's tree damages your fence, or a moving company breaks your furniture
• Private sale disputes — a private car sale where the vehicle had undisclosed defects (registered motor vehicle trader sales go to the Motor Vehicle Disputes Tribunal instead)
• Separate post-tenancy claims — a distinct claim that does not arise from the residential tenancy agreement may fall to the Disputes Tribunal; a tenancy-related damage claim remains within the Tenancy Tribunal's jurisdiction even if the bond has been resolved

The Grey Areas

Some situations genuinely sit on the boundary:

Flatmates vs tenants. If you're named on the tenancy agreement, you're a tenant and the Tenancy Tribunal applies. If you're a flatmate occupying a room under an informal arrangement with the head tenant, the Disputes Tribunal applies. The distinction matters because flatmates have no statutory protections under the RTA.

Boarding houses. Boarding house tenants are covered by specific provisions of the RTA (Part 2A). Disputes with boarding house providers go to the Tenancy Tribunal, not the Disputes Tribunal.

Mixed claims. A dispute might involve both tenancy-related and separate civil issues. Do not assume one Tribunal can hear every part of a mixed claim; ask the relevant registry which claims fall within its jurisdiction.

What to Do If You've Been Filed in the Wrong Tribunal

If a claim has been filed against you in the Disputes Tribunal but you believe it belongs in the Tenancy Tribunal (or vice versa), raise the jurisdictional objection at the hearing. The referee or adjudicator will assess whether they have jurisdiction and, if not, will decline to hear the case and direct the claimant to the correct forum.

You don't need to file a formal application to raise a jurisdiction point — simply explain at the hearing why the dispute falls under the other tribunal's jurisdiction and bring any supporting evidence (the tenancy agreement, for example).

Filing Fees Compared

Fees and jurisdiction differ by forum, so check the current fee schedule before filing. The correct forum turns on the legal basis of the dispute, not the relative fee. If you're a respondent and the claim doesn't genuinely arise from a tenancy agreement, raise the jurisdictional issue.

For respondents navigating a Disputes Tribunal claim, the NZ Disputes Tribunal Response Guide covers the entire response process from verifying your notice through to the hearing, with worksheets and checklists built for self-represented parties.

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