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Attending a Motor Vehicle Disputes Tribunal hearing
What to expect at a Motor Vehicle Disputes Tribunal hearing
Attending a Motor Vehicle Disputes Tribunal hearing involves explaining your position in person, responding to questions from the adjudicator, and engaging with the other party’s version of events. Although hearings are less formal than court proceedings, they are still structured and outcome-focused. This page explains what to expect on the day of the hearing, the role of the adjudicator, and practical matters to consider when attending.
Important note on currency
This section was originally published on CourtKeys in 2015 as part of a public legal education project. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
The role of the adjudicator and the nature of the hearing
There are no lawyers or judges in Motor Vehicle Disputes Tribunal hearings unless they are one of the parties suing or being sued. The person in charge is called an ‘adjudicator’. That person is carefully selected and trained to help disputants either settle their disputes or otherwise make a determination. A ‘determination’ is a decision about the dispute about what should happen, like a judgment. See the part of this website about remedies in the Motor Vehicle Disputes Tribunal for more about the kinds of determinations you might expect.
See sections on ‘appearing in a court’ for more about how your Motor Vehicle Disputes Tribunal hearing might play out and how you could go about presenting your case. However, keep in mind that a Motor Vehicle Disputes Tribunal hearing is generally less formal than a court hearing or trial, and that a Tribunal adjudicator may take on a more investigative role than you might expect of a judge. For instance, if the adjudicator considers he or she needs more information about the case than has been put forward at the hearing then the hearing might be adjourned so that the adjudicator could confer with an expert ‘assessor’ appointed to assist the adjudicator. They may even ask to take the vehicle at issue for a test drive.
Any attempt by an adjudicator to encourage the parties to settle is an additional factor that you would not ordinarily expect during a comparative hearing in a court. In that regard, see sections on ‘settlements’ for more about settlements in general.
Checklist of what to bring to a hearing
It may be appropriate for you to bring the following items with you to a hearing in the Motor Vehicle Disputes Tribunal:
1. A copy of your application form.
2. Any synopsis of argument and bundle of documents you have prepared, as well as copies for the adjudicator and every other party if you have not already disclosed these.
3. Originals of the documents you are relying on as evidence (in addition to any copies or bundles of copied documents).
4. Any witnesses in support of your position.
5. Any (small and easily transportable) physical evidence that is not a document or a witness and may be helpful.
Determinations
The adjudicator may give his or her decision at the end of the hearing or otherwise take some time to reflect and issue a written decision later on. That is called a ‘reserved’ decision.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.