Disputes Tribunal Amendment Bill: Potential Change to the Access of Civil Justice in New Zealand

Written by Dan Barclay

A Bill proposing to increase the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000 has passed its first reading in Parliament during November 2024.

Many people are often deterred from pursuing claims as they cannot afford to take it to the District Court or the fees of going to Court exceed the value of claim they are pursuing. The proposed increase to the value of a claim allows for these claimants to have their case heard, changing the access of civil justice for New Zealanders given the Disputes Tribunal is a quick and inexpensive way to settle civil disputes without the expense of going to Court.

By implementing this change, court timeliness could be improved and it’s estimated that over 2,000 claims could go to the Disputes Tribunal instead of to the Courts.

Currently, the filing fees at the Disputes Tribunal range from $59 to $234, but if filing for over $30,001, a new filing tier of $468 would be introduced.

A potential limitation of this proposed change is that the Disputes Tribunal is an unpredictable process. The Tribunal does not have to follow law or previous decisions made by the Tribunal; decisions are based solely on the material facts of that particular case.

By increasing the financial jurisdiction, claimants can have affordable access to justice, while improving courts efficiency.