What happens when you have a consumer issue or a dispute over money you can't resolve? You can take it to the Disputes Tribunal.
Christchurch couple Elle Chrisp and David Dingwall recently made headlines after they took discount retailer Kmart to the tribunal over contaminated play sand.
The discount retailer had issued a recall notice for some coloured play sand products in November 2025, after they tested positive for tremolite, a form of asbestos associated with higher cancer risks at low exposure levels.
The couple had purchased four kilograms of the sand for their three-year-old twins, which they had played with and they sought re-imbursement for costs associated with asbestos contamination and future medical monitoring.
The tribunal found the play sand was unsafe, not fit for purpose and not of acceptable quality under the Consumer Guarantees Act. It ordered Kmart to pay the family $15,185.42 to cover costs associated with asbestos testing and remediation.
What does the Disputes Tribunal consider?
Anyone can take a claim to the Disputes Tribunal if they think they haven't received a fair deal and to settle a disagreement over money without going to court.
The low-cost legal service is used to resolve minor civil money disputes with a maximum claim value of $60,000 (or up to $75,000 if both parties agree in writing).
Civil disputes over larger sums, up to $350,000, usually go to the District Court. Larger or more complex disputes are usually heard in the High Court.
Claims can be made against an individual or a company over goods and services, business deals, car accidents or certain issues with a house or flat.
The dispute could be over faulty goods or workmanship, pricing, fencing of boundaries, car accidents, and loss or damage to other property.
The tribunal can not hear disputes over tenancies, employment, land sales, family matters or wills.
Claims against bankrupts and liquidated companies are also excluded, as are disputes over rates, taxes, social welfare benefits and ACC payments.
It is not a debt collection agency. If the person or company agrees they owe the debt but doesn't pay, the tribunal cannot be used to recover the debt.
The Disputes Tribunal is one of 37 in New Zealand that are used to settle disputes. There are civil tribunals for tenancy issues, motor vehicle disputes, employment relations, human rights, leaky homes, copyright and sports disputes.
It operates without judges or lawyers, with legally binding decisions issued by trained referees.
In 2024, the Disputes Tribunal heard 13,550 claims with a combined value of $116 million.
That was a 7 percent increase in the number of claims on the year before, with an 8 percent increase in value, $9m. The figures show claims filed under $5000 make up more than half of all claims.
How to make a claim?
You can make a claim in the Disputes Tribunal by applying online or filling in a form and delivering it to your local district court.
There's a fee for filing a claim; $62 if the total amount sought under the claim is less than $2000, $124 if it's between $2000 and $5000, $248 if it's between $5000 and $30,000 and $496 if it's between $30,000 and $60,000.
Application fees are non-refundable, although the referee may order the other party pay back the fee if the claim is successful.
The application requires contact information, insurance information and details of who the claim is against (the respondent), any other people or organisations involved, details of the dispute and what you have done to try and settle it.
The tribunal wants to know what happened, when and where, who was involved, what the damage or loss was, what you want done about it and the amount being claimed.
Applicants need to show they have tried to sort out the dispute before going to the tribunal.
Evidence such as letters, invoices, receipts, contracts, quotes, photos or police reports should be sent to the tribunal and the other party beforehand.
After a claim is lodged, court staff will check its eligibility and advise whether it can go before a tribunal. All parties will then be sent a notice setting out the time, date and the district court where the hearing will be held.
What happens at a hearing?
If you have filed a claim, you have to appear at the hearing, or the claim will be dismissed.
Both parties will have a chance to explain their side of the dispute at the hearing, before a discussion about the points that are in disagreement.
The referee will help both parties find an agreement. If one is reached, it must be followed.
If the parties can't agree, the referee will make a decision that will either be given at the hearing or posted to the parties later.
Orders made by the tribunal are legally binding, but the tribunal does not enforce them.
If a decision is not followed, an application can be made to the District Court to enforce the order, a debt collection agency can be hired to collect payment, or a lawyer can be engaged to act on your behalf.
The tribunal may have ordered the other party to do some work (like repairs). If they have not been done by the deadline, an application can be made to the tribunal for an order that they pay money instead.
Either party can apply to the tribunal for a rehearing or an appeal within 20 working days of the decision. There is no fee for a rehearing but the fee for an appeal is $275 and you can choose to be represented by a lawyer.