Disputes Tribunal Act 1988, s 50

There is only one ground for appealing a decision of the Disputes Tribunal. This is that the referee conducted the proceedings (or a Tribunal investigator carried out an inquiry) in a way that was unfair and prejudiced the result of the proceedings.

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 parties before the appeal is heard.

The appeal will be dealt with 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 whether or not there has been procedural unfairness. An appeal is not a rehearing of the facts.

Disputes Tribunal Act 1988, s 53

The judge can:

• dismiss the appeal, or
• cancel the Tribunal’s order and order a rehearing (see above, “Rehearings by the Disputes Tribunal”), or
• cancel the Tribunal’s order and transfer the proceedings to the District Court.

District Courts Fees Regulations 2009, Schedule

An application for an appeal costs $200.

Disputes Tribunal Act 1988, s 52

A party to an appeal can choose to be represented by a lawyer if they wish. If a person uses a lawyer for the appeal they will have to pay their lawyer’s fees. Legal Aid is generally not available because of the relatively small amounts involved.

Disputes Tribunal Act 1988, s 50(3)

Either party has 28 days after the original decision to file for an appeal.