Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
T 04 918 8800 |
F 04 918 8820
[email address] | www.justice.govt.nz
15 February 2022
John Finnegan
[FYI request #18263 email]
Our ref: OIA 93091
Tēnā koe John
Official Information Act request: Disputes Tribunal rules on evidence
Thank you for your email of 20 January 2022 requesting information about evidence in the
Disputes Tribunal.
Specifically, you requested:
I'd like to know if there are any rules relating to the presentation of witnesses and
evidence in a disputes tribunal.
Can a party to a hearing just show up on the day of hearing with a witness and/or
evidence which the tribunal hasn't been made aware of previously?
If a referee allows the testimony of the witness and/or evidence presented which is a
surprise to the other party is it admissable?
Is there a rule which is publicly available regarding testimony and evidence in the
disputes tribunal?
Is the party obligated to make the tribunal and other parties aware of witnesses and/or
evidence before the hearing?
If there is an obligation regarding the previous what is the deadline for this?
Your request has been treated as a request under the Official Information Act 1982 (the
OIA).
The Disputes Tribunal hears cases in accordance with the Disputes Tribunal Act 1988 (the
Act). The rules governing evidence in the tribunal, which includes evidence given by
witnesses, are set out in section 40 of that Act. This information is publicly available at:
legislation.govt.nz/act/public/1988/0110/latest/DLM133690.html.
The Principal Disputes Referee can provide legal advice to referees to ensure consistency of
decision-making and can also issue practice notes on matters such as evidence. These can
interpret but not override the provisions of the Act. However, under section 2(6)(b) of the
OIA, judicial advice such as this is not subject to the official information legislation.
Neither the Tribunal nor the Ministry advises presenting evidence at the last minute. Parties
are actively encouraged in the Notice of Hearing to submit their supporting written evidence
well in advance. The Ministry, however, has no role in deciding how evidence is accepted in
proceedings before the Disputes Tribunal.
Referees, as independent judicial officers, have the power to solely determine the way a
hearing is conducted, what evidence is admitted or excluded, and the decisions (orders)
made in the Disputes Tribunal. This means that referees have the discretion to allow
evidence submitted with little or no advance notice. The procedural avenues to challenge a
decision of the tribunal are an application for rehearing or an application for appeal under
sections 49 and 50 of the Act.
You may wish to seek independent legal advice for further assistance. Lawyers are best
placed to answer legal questions and they can help you understand how the law applies to
specific cases. Free legal advice may be accessed at your local Community Law Centre.
You can find more information at: communitylaw.org.nz/our-law-centres
The Ministry does not hold any other information within scope of your request. I also have no
grounds for believing that this information is held by another department, interdepartmental
venture, Minister of the Crown, organisation or local authority subject to the OIA.
If you are not satisfied with this response, you have the right to complain to the Ombudsman
under section 28(3) of the OIA. The Ombudsman may be contacted by email at:
[email address]
Nāku noa, nā
Sam Kunowski
General Manager, Courts and Justice Services Policy
