Resources
Judgment, enforcement, and appeals in the Motor Vehicle Disputes Tribunal
Decisions of the Motor Vehicle Disputes Tribunal
After a Motor Vehicle Disputes Tribunal hearing has concluded, the adjudicator will issue a decision determining the outcome of the dispute. That decision may take effect immediately or be delivered in writing at a later time. This page explains how Tribunal decisions are given, how and when they may be appealed, and the steps available to enforce a decision if the other party does not comply.
Important note on currency
This section was originally published on CourtKeys from 2015 and revised before 2020. While it remains useful for understanding general legal concepts and processes, some information may now be out of date.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.
Judgment
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.
Appeals
Decisions of the Motor Vehicle Disputes Tribunal may be appealed to the District Court under section 16 of the Motor Vehicle Sales Act 2003:
16 Appeals from decision of Disputes Tribunal
(1) Any party who is dissatisfied with a decision given by a Disputes Tribunal may, within 10 working days after notice of the decision is given to that party, appeal to a District Court Judge.
(2) If the amount of the claim exceeds $12,500, the appeal may be brought on either of the following grounds:
(a) that the Disputes Tribunal’s decision was wrong in fact or law, or in both fact and law; or
(b) that the proceedings were conducted by the Disputes Tribunal in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.
(3) If the amount of the claim does not exceed $12,500, the appeal may be brought on the ground that the proceedings were conducted by the Disputes Tribunal in a manner that was unfair to the appellant and prejudicially affected the result of the proceedings.
(4) For the purposes of this section, the Disputes Tribunal is taken to have conducted the proceedings in a manner that was unfair to the appellant and prejudicially affected the result if—
(a) the Disputes Tribunal fails to have regard to any provision of any enactment that is brought to the attention of the Disputes Tribunal at the hearing; and
(b) as a result of that failure, the result of the proceedings is unfair to the appellant.
(5) The District Court’s decision given under this clause is final.
(6) To avoid doubt, nothing in this clause affects the right of any person to apply, in accordance with law, for judicial review.
Enforcement
Decisions of the Motor Vehicle Disputes Tribunal may be enforced as a final judgment of the District Court in its civil jurisdiction. A duplicate of the decision at issue must be filed in the District Court before that can happen though. That is as per section 15 of the Motor Vehicle Sales Act 2003.
See the section about enforcing District Court judgments for more about enforcement through the District Court.
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.