Making a claim
Overview
How do I take a claim to the Disputes Tribunal?
Disputes Tribunal Act 1988, ss 24, 25
You can fill out a form online (see: “Applying online”), or fill out a paper claim form (see: “Filling out the Disputes Tribunal application form”).
If you are making the claim, you are called the “applicant”. The person or organisation you’re complaining against is called the “respondent”.
Once you’ve completed a claim form and paid the filing fee, you’ll receive a notice from the Disputes Tribunal to confirm that your application has been received. You’ll then be told when your hearing will be held.
Can I get help filling out the claim form?
Yes – you can get help to fill out the claim form. Your local Community Law Centre or Citizens Advice Bureau might be able to help you with this for free.
However, you can’t have a lawyer attend the Tribunal with you.
Is there a time limit for making a claim?
You have to bring your claim within six years of when the problem started, otherwise the Tribunal won’t hear it. The earlier you can make the claim, the better, as it will give you the best chance to prove the claim and get the right solution.
How much does it cost to make a claim?
Disputes Tribunal Rules 1989, rule 5
The fee charged for making a claim in the Disputes Tribunal depends on the amount you’re asking for. In most cases, the filing fee can’t be claimed back from the respondent, and it’s non-refundable even if you decide not to go through with the hearing. The fees are:
|
For a claim of less than $2,000 |
$45 |
|
For a claim of $2,000 or more, but less than $5,000 |
$90 |
|
For a claim of $5,000 or more, but less than $30,000 |
$180 |
If you fill out the form online, you will be asked to pay the filing fee by debit or credit card before you submit the claim.
- If you’re delivering the application by hand to the District Court, you can pay the fee by card or cash when you get there.
- If you post your application, you’ll have to either pay online, or go into a District Court to pay the fee.
