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How can the claimant of a tribunal case complain about the adjudicator before the end of the case? Can the adjudicator be changed?

Newton Gates made this Official Information request to Ministry of Justice

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From: Newton Gates

Dear Ministry of Justice,

This request is consisted of an explanation part about the questions' background and two questions.

Background:

The claimant of a tribunal case, let's say motor vehicle dispute tribunal (MVDT), found (or felt) the adjudicator had made fundamentally apparent wrong statements about a law (eg. Consumer Guarantee Act 1993), during a hearing, and that piece of the law was the very key of the case. After questioning the adjudicator's statements during the hearing, the adjudicator re-articulated and confirmed the statements that he/she claimed for several times.
After discussing with law experts, the claimant confirmed the adjudicator was likely having some misapprehension about the law (eg. Consumer Guarantee Act 1993).

At the same time, the adjudicator was found hardly prepared before coming to the hearing, that much of the key evidence of the case were never read or reviewed.

Question 1:

How and to whom can the claimant complain about the adjudicator before the end of the case?

Question 2:

Can the claimant request to change the adjudicator before the end of the case?

Yours faithfully,

Newton Gates

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From: correspondence, official
Ministry of Justice

Thank you for contacting the Ministry of Justice
[1][email address] mailbox.  You can expect to
hear from us within two business days of your email being received.

The Ministry of Justice holds a wide range of information that we can
provide to you.  If you would like to see more about how we can help you
please see our [2]Official Information Act Requests page.

Please note that the Ministry of Justice can't give legal advice. For
legal advice, you should contact a lawyer, Community Law or Citizens’
Advice Bureau.

If you are requesting information held by the courts, such as sentencing
notes, court records or information about a case currently before the
court, the records of courts and tribunals are not subject to the Official
Information Act 1982. Access to these is subject to separate legislation
and [3]court rules and you will need to contact the relevant court
directly. The details for the courts can be found [4]here.

For information held by other agencies, such as the New Zealand Police,
check out the [5]Directory of Official Information to find out what
information each agency holds and their contact details.

Ngā mihi

Ministerial Relations and Services

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5. https://www.justice.govt.nz/about/offici...

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From: correspondence, official
Ministry of Justice

Kia ora Mr Gates,

We acknowledge receipt of your request under the Official Information Act for information regarding complaining about or changing, an adjudicator in a tribunal proceeding.

We have forwarded your request onto the relevant business unit.

You can expect a response by 10 August 2020.

Regards
Official Correspondence
Strategy, Governance and Finance
DDI: +64 4 918 8800
www.justice.govt.nz

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