How to prepare for a hearing
Disputes Tribunal hearing process - How to prepare for a hearing
It's important to fully prepare for a Disputes Tribunal hearing. To help you prepare, view the DVD Disputes Tribunal in Action. Call in to the Disputes Tribunal office at your nearest District Court to borrow a copy free of charge.
At the hearing each person involved will tell his or her side of the dispute. It's a good idea to:
- write down what you want to say before you come
- bring any letters, forms, invoices, sales slips, receipts, copies of contracts, photographs, quotes for repairs or anything else that will help establish the facts about the dispute
- bring any witnesses who can support your claim, for example, a neighbour who saw what happened. Contact the Tribunal if someone you need to act as a witness refuses to do so. The Tribunal may issue a summons that requires the person to attend the hearing.
Attendance at the hearing
If you're the person making the claim it's essential that you attend the hearing. Your claim may be dismissed unless you attend.
If a claim has been made against you the Tribunal can make an order, even if you're not present. If for some reason it is impossible for you to attend, contact the Disputes Tribunal immediately - you may be able to have the hearing postponed.
Bringing support people
In some circumstances the Tribunal may allow you to bring a friend or support person, but they must not say anything at the hearing unless asked to speak by the referee.
Representation
In most cases you're expected to make your claim, or defend a claim made against you, yourself. But the Tribunal can allow a representative to present your case for you in these special circumstances:
- if the Crown is a party and the representitive is an officer or employee
- if you are a company or other organisation, and the representative is an officer, employee, or someone with a majority interest
- if you are making the claim jointly with another person (or a number of others), or a claim has been made jointly against you and another person (or a number of others), and you want to be represented by one of these other people
- if you are under 20 years old
- if you can show that you have a disability that makes presenting your case difficult, for example, your disability causes serious communication problems
- if you can show the Tribunal that, for some other good reason, you are unable to present your case.
If you think you need a representative, please contact the Tribunal immediately. The Tribunal has to agree and approve your representative before they represent you.
Please also remember that your representative cannot be a lawyer.
Interpreters when English is not your first language
If you need an interpreter contact the Tribunal and they will arrange for an independent interpreter to attend the hearing. This is a free service.
