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Hearing Process

Overview of what happens at hearings of the Land Valuation Tribunal, including tips on how to prepare.

Below is an overview of what happens at hearings of the Land Valuation Tribunal, including the hearing process, how to prepare, and what happens after the hearing.

Presenting your case

You may choose to present your own case or have a lawyer present it for you. If you do use a lawyer, you may be entitled to a legal aid grant to help with legal costs. A lawyer, your local Citizens Advice Bureau, or Community Law Centre can advise on this.

Before the hearing

A phone conference may be held before the hearing to make sure all parties have all the information they need. There may also be a directions hearing to ensure progress is being made on the case.

Documents

You will need to prepare a range of documents for the hearing. These should be placed in a page numbered and indexed bundle ready to be presented to the Tribunal.

Time and place

We will advise you of the day and time your case is set down for hearing. You will be given at least 10 days' notice. Hearings are formal and held in public, unless you request a private hearing in advance.

If both parties agree, hearings can be heard 'on the papers'. This means the chairperson will make a decision based only on written submissions, without the parties being present.

Failure to appear

If a party fails to appear at the hearing, the Tribunal may choose to hear and determine the case in their absence.

Who attends the hearing

  • Tribunal Chairperson (a District Court Judge)
  • Two Tribunal members (one will be a registered valuer)
  • You and your lawyer or advocate (if you have one)
  • The authority that issued the valuation
  • Any other parties to the case

What to bring to a hearing

  • A copy of your submissions
  • Paper and a pen

Hearing process

Each party will be given the opportunity to submit evidence and produce witnesses, who may be questioned by the other parties. The Tribunal members may also ask questions.

It's important to note that in any case, the Tribunal can:

  • summon witnesses to appear before it
  • require the presentation of any books, papers or other documents relating to the case
  • take evidence by oath or affirmation (except in rare circumstances, evidence at hearings is always given under oath or affirmation)
  • deal with the matter without a party being there, if that party fails to attend without good reason.

The decision

The Judge will issue a written decision, generally five to six weeks from the hearing date. You will be sent a copy. If you are unhappy with the decision, you can appeal to the High Court.

Related links

Relevant legislation

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