In almost all claims some of the parties will be legally represented. As required by the 2006 Act, the Tribunal has been set up to be a relatively inexpensive, speedy and more accessible option of resolving claims regarding leaky homes. As a result it is not a requirement for any party to engage a lawyer when pursing a claim in the Tribunal. Parties may choose to engage a lawyer if they wish, but it is not compulsory.
However for those who choose to be self-represented, it is important to ensure that you have:
In the section regarding Causes of Action and Responses to a Claim the Tribunal has provided some guidance as to possible arguments that may be raised by various parties. It is important for self-represented parties to familiarise themselves with those sections and to prepare questions and answers based on the legal principles discussed in a way that is best for their case.
The role of the Tribunal is to independently and fairly determine liability for leaky homes in accordance with the facts, regardless of whether a party is legally represented or not. For self-represented parties Tribunal Members will do all that is appropriate to ensure self-represented parties are not disadvantaged in Tribunal proceedings. But in saying that it must be remembered that the Tribunal's statutory obligation is NOT to treat the parties the same, but to treat all parties EQUALLY.
It is important to note that the Tribunal cannot refer any party to a lawyer. If you require assistance in engaging a lawyer please visit the New Zealand Law Society website at www.nzls.org.nz
[ back to top ]