Disputes Tribunal Act 1988, s 50 Case: Strang v Singh, DC Manukau CIV-2008-092-4267, 1 July 2009

There is only one ground for appealing a decision of the Disputes Tribunal. You’ll need to show that the referee (or Tribunal investigator) acted in a way that was unfair (“procedural unfairness”), and this affected the result of the hearing.

Disputes Tribunal Act 1988, s 51

Once a notice of appeal has been filed at the District Court, the Tribunal referee (or investigator) has 28 days to prepare a report to the court which sets out:

• how the hearing was conducted, and
• the reason for their decision

The court Registrar will send a copy of the report to both the applicant and the respondent. The appeal will then be heard by a District Court Judge.

Disputes Tribunal Act 1988, s 53

The Judge will look at:

• the grounds for appeal, and
• the referee’s (or investigator’s) report.

The Judge will only consider if there has been procedural unfairness. They won’t look into the facts of the case.

Disputes Tribunal Act 1988, s 53

The Judge can:

• dismiss the appeal, or
• cancel the Tribunal’s order and order a rehearing, or
• cancel the Tribunal’s order and transfer the dispute to the District Court.

District Courts Fees Regulations 2009, Schedule 1

It costs $200 to apply for an appeal of a Disputes Tribunal decision.

You can be represented by a lawyer at the District Court if you choose, but you’ll have to pay your lawyer’s fees. In some cases, you might be able to get Legal Aid. To see if you’re eligible, see: “Legal Aid”.

Disputes Tribunal Act 1988, s 50(3)

You have 20 working days after the original decision to file for an appeal.