A person who makes the application or claim is called the plaintiff.
A person who has a claim made against them is called the defendant.
What happens once a claim has been made
After the time for filing a statement of reply has passed, even if a statement of reply has not been filed, a teleconference will be held. This will not be held straight away and the timing will depend on the Tribunal's workload.
For any queries about a case you are involved in, please contact the case manager. The case manager’s details will be provided when they acknowledge your statement of claim or send you a statement of reply form. Alternatively please email hrrt@justice.govt.nz.
Case Management Teleconference
When the Chairperson or Deputy Chairperson decides that a teleconference will be held, we’ll contact the people involved (the parties) and arrange a time and date for the teleconference. Parties or their representatives are required to attend the teleconference.
The teleconference is for the Chairperson or Deputy Chairperson to set a timetable that puts steps in place to progress the claim to a hearing.
Information about the teleconference in an easy read format is at the link below.
Topics that may be covered at a case management teleconference
Parties
Make sure that the correct people or groups have been named and included.
Representation
Confirm whether parties will be represented and if so, that representatives have the authority to deal with the case.
Jurisdictional issues
Check whether there is any reason that the Tribunal might not have the power to deal with the case.
Issues for determination
Confirm the factual or legal issues that the Tribunal will be asked to decide.
Discovery
Make arrangements or orders for appropriate disclosure of documents before the hearing.
Other pre-hearing orders
Make other arrangements or orders to ensure that the Tribunal can properly prepare for the hearing.
Hearing date & venue
Set an appropriate venue for the hearing. The hearing date will not be set until the pre-hearing steps have been advanced further.
Number of witnesses & time estimate
Confirm the number of witnesses that will be called by each of the parties, and how long the hearing is likely to take. To find out how to summon witnesses, go to Witness summons.
Pre-hearing exchange of evidence
Fix a timetable for the filing and service of statements of evidence.
Common bundle
Decide whether a bundle of documents is appropriate, and if so, who should prepare it, what it should contain, how it should be arranged and when it should it be filed with the Tribunal.
Other arrangements for the hearing
Confirm whether Māori or any other language will be used. Check whether there are witnesses who will need to give evidence by video link.
The Tribunal will issue a Minute (a written record) to all parties, confirming the timetabling orders.
Settlement
If parties reach settlement, the plaintiff must tell the Tribunal, in writing, immediately.
The hearing
The claim will be heard by the Tribunal Chairperson and/or Deputy Chairperson sitting with 2 members. The hearing is open to the public (unless the Tribunal specifically orders it to be closed to the public).
The purpose of the hearing is for the Tribunal to hear the evidence and arguments from all parties, so it can make a decision.
You’re responsible for making sure that you have your case prepared and your witnesses ready for the hearing.
The Chairperson or Deputy Chairperson will explain the order of events at the hearing at a pre-hearing teleconference. We will contact you to arrange this teleconference.
Important notes
The Tribunal may:
summons witnesses to appear before it
require the production of any books or documents relating to the case
take evidence by oath or affirmation
deal with the case even if any party fails to attend without good reason.
Hearings are usually held in a courtroom and are open to the public or if appropriate, the case can be heard on the papers. This means that you do not have to go to a courtroom and a decision can be made based on the documentation that all parties have provided to the Tribunal.
Hearing location
The hearing usually takes place in the town or city nearest to where the events that have given rise to the case took place. If both the plaintiff and defendant agree it is more convenient, a different location may be chosen.
If you don’t attend the hearing
You must attend the hearing. If for any reason you are unable to attend, you must contact the Tribunal immediately. You may be asked to provide evidence to support a request for an adjournment (for example, a doctor's certificate).
The Tribunal can hear the case in your absence and deal with it without hearing your version of events.
Witnesses are expected to attend otherwise their evidence may not be accepted. You and your witnesses should be at the venue at least 15 minutes before the hearing starts.
The decision
The Tribunal will send parties a written decision which will show reasons for the decision. The decision will be published on the Tribunal website once released to you and may also be published on other public websites.
For claims heard from 1 April 2023 onwards, the Tribunal will release 75 % of decisions within 6 months of the final day of hearing or receipt of final submissions (the period between 25 December and 15 January of any given year is excluded from the 6 month timeframe). For claims heard prior to that, decisions will be released as soon as reasonably practicable.
The decision will also be available on our decisions finder:
If either party fails to follow the Tribunal's orders or directions, the decision can be enforced in the District Court.
If you disagree with the Tribunal’s decision
If you don’t agree with the Tribunal's decision, it may be appealed to the High Court. The timeframe for filing your appeal will be outlined in the letter sent to you along with the Tribunal's written decision.
Contact your local High Court for more information.