PRACTICE NOTE: As Directed by the Adjudicator under clause 1 of Schedule 1 of the Motor Vehicle Sales Act 2003
This practice direction sets out the policy and procedures of the Motor Vehicle Disputes Tribunal(MVDT) about the information that needs to be included with your application.
What we need when you send your application to the Motor Vehicle Disputes Tribunal
You must provide the following information:
- A clearly written and completed Application Form,
- The name and the address of the motor vehicle trader, also known as the respondent in the application. If the respondent is a registered company or sole trader, you must provide its complete name. Check this information by going to www.motortraders.govt.nz/cms(external link);
- Details of your complaint, including
- Why you were attracted to the vehicle (eg by advertisement or otherwise)
- Any statements made about the vehicle at the time of sale
- The performance of the vehicle during the test drive
- Any reports received or advice given at the time of sale
- Details of any problems that have occurred from the point of sale onwards, with careful consideration being given to the driving of the vehicle. It is important that the dates and odometer readings at which those problems occurred are clearly stated
- A detailed chronology of events, listing the dates and details of all matters relevant to your claim
- Evidence to support your claim. As applicant, it is your responsibility to prove your claim. That will involve you providing sufficient information to prove the things that you allege. The evidence you provide should include, where relevant:
- Advertisements for the vehicle (including website listings)
- Text message or email correspondence with the trader
- The Consumer information notice (“window card”)
- The Vehicle offer and sale agreement
- Invoices and GST receipts for any repairs performed on the vehicle
- Written quotations for repairs
- Mechanical or technical reports which identify the alleged faults with the vehicle
- Colour photographs of any vehicle parts in dispute.
- The names of all witnesses you intend to call in support of your application.
- A statement of what outcome you would like;
- If you want to reject the vehicle, please send us a copy of the rejection letter you sent to the trader telling the trader you were rejecting the vehicle, giving the trader your reasons for doing so;
- The Tribunal’s filing fee of $50.00 - (cheques should be made out to the Ministry of Justice).
If you cannot supply some of the information above then please write the reason for not being able to.
Practice Direction 1/07: Adjournments
This practice direction sets out the policy and procedures of the Motor Vehicle Disputes Tribunal relating to adjournments of hearings.
The Tribunal has a responsibility to manage applications so that they are brought to a conclusion at the earliest possible opportunity. Bearing this objective in mind, as well as the Tribunal's obligation to give parties a reasonable opportunity to present their case, the following policy will be applied by the Tribunal:
- Applications will not be fixed for hearing unless the Tribunal is satisfied that they are ready for hearing or arrangements are in place to ensure that each matter will be ready before the hearing date.
- Matters are fixed for hearing on the basis that the hearing will proceed on the day fixed.
- An application for an adjournment will not be granted unless there are good reasons to justify the adjournment.
- The consent of the other party to an adjournment is not of itself a sufficient reason for an adjournment to be granted.
- An application for an adjournment must be made at the earliest possible opportunity. The application must set out the reasons why an adjournment is necessary and be signed by the purchaser or, in the case of an application for an adjournment from a trader, by the representative of the trader seeking the adjournment. The application must be accompanied by any documents that support the reasons for seeking an adjournment.
- An application for an adjournment made less than five working days prior to the hearing date will not be granted unless there are extraordinary and compelling reasons for the matter to be adjourned.
- Where an adjournment is granted, the matter will not be adjourned indefinitely, but will be re-listed as soon as possible.
This practice direction has effect from 16 April 2018.