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
From: correspondence, official
Ministry of Justice
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Ngā mihi
Ministerial Relations and Services
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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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From: Media
Ministry of Justice
Kia ora Mr Gates,
Please see attached the response to your request regarding the Motor
Vehicle Disputes Tribunal.
Thank you
Ariana
[1]Description: Description: Description: Ariana Kauri
http://justice.govt.nz/courts/shared/jus...
Media Advisor | Communications
Services
Ministry of Justice | Tāhū o te
Ture
P DDI 04 466 2943 | Ext 40343
[2][email address]
| [3]justice.govt.nz
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References
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3. http://www.justice.govt.nz/
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