Challenging a Disputes Tribunal decision
Rehearings by the disputes tribunal
Disputes Tribunal Act 1988, ss 42(2), 49, 49(3)
I’m not happy with the Dispute Tribunal’s decision. Can I get another hearing?
You can only apply for a rehearing in the Tribunal if you can show that something went wrong that prevented a proper decision from being made.
For example, you might apply for a rehearing if:
- you or your witness were unexpectedly unable to attend the hearing for a valid reason, or
- the referee made a mistake, for example when calculating the amount of money that a party had to pay, or
- not all of the relevant information was available, or
- after the hearing where you and the other side came to an agreement, you discover new information that is directly relevant to the dispute, if:
- you didn’t and couldn’t have known this information before the hearing, and
- this information would have impacted whether either side agreed to the settlement.
A rehearing will not be granted just because you disagree with the decision.
Note: If a rehearing or an appeal is granted, the original order is cancelled and can’t be enforced.
When do I have to apply for a rehearing?
You have to apply within 20 working days of the original decision.
Who hears a rehearing?
The same referee who heard the original case will consider the application and decide whether to grant a rehearing.
If a rehearing is granted, it will be conducted by a new referee.
What does a rehearing cost?
There is no fee for applying for a rehearing.
