If you are unable to reach agreement on a complaint with a business, there are options you can take to get a final decision.
Options for resolving disputes depend on the value of the claim, what sector or industry your dispute relates to and what other steps you’ve taken. Your options include:
- making a claim with a specialist dispute resolution service or schemes
- making a claim with the Disputes Tribunal if there is no specialist scheme available
- filing a civil claim with the District or High Court
- making a formal complaint with the Commerce Commission or other industry regulator.
- asking for assistance from community advisors such as Citizens Advice Bureau, Community Law or Youth Law services.
When to use dispute resolution services
Dispute resolution services, sometimes referred to as ‘schemes’, are set up to address issues within individual sectors such as banking, utilities or building.
Each dispute resolution service has their own process for solving issues. Some offer mediation first to see if you and the business can agree on how to solve the issue. Others may go straight to a hearing where they will make a formal decision.
Decisions are based on the facts and rights of both the consumer and the business.
If there is no specialist tribunal or free or low-cost dispute resolution scheme available for your issue, then you can use the Disputes Tribunal to resolve your dispute.
When to use the Disputes Tribunal
How to contact a dispute resolution service
Before you make a claim with any of the dispute resolution schemes, contact them first to check:
- what their process is
- if you'll pay any fees
- what you can do if you're not happy with any outcome.
Some dispute resolution services can only deal with complaints about service providers who are members of their scheme.
For more information about specialist schemes, you can visit their websites listed by industry below. If you don’t see the relevant industry, then the default process is the Disputes Tribunal.
Banking or financial products and services including financial advisors
The complaint process(external link) — Banking Ombudsman
Make a complaint (external link) — Financial Dispute Resolution Service
The complaints process(external link) — Financial Services Complaints Limited
Make an enquiry or complaint(external link) — Insurance and Financial Services Ombudsman
Building, repairs, renovations or maintenance
Complaints process(external link) — Building Disputes Tribunal
Determinations(external link) — Building Performance
Health or medical products and services
Complaints process(external link) — Health and disability Commissioner
To make a complaint(external link) — Health Practitioners Disciplinary Council
Housing — including buying or renting
Make a complaint(external link) — The Real Estate Authority
Disputes(external link) — Tenancy Services
Complaints and disputes (external link) — Retirement Commission Te Ara Ahunga Ora
Mobile and home-based telecommunications or internet services
Make a complaint(external link) — Telecommunications Dispute Resolution
Motor vehicle traders
Motor Vehicle Disputes Tribunal(external link) — New Zealand Ministry of Justice
Professional services — including legal and accounting
Complaints about CA ANZ(external link) — Chartered Accountants ANZ
How to make a complaint(external link) — New Zealand Law Society
Utility services — including electricity, gas, water & broadband installation
Make a complaint(external link) — Utilities Disputes
You can find more guidance on your rights when resolving industry-specific problems.
When to use the Disputes Tribunal
Most disputes about products and services up to the value of $30,000 can be resolved for a small fee through the Disputes Tribunal.
Issues with registered motor vehicle traders, or dealers who should be registered, are heard by the Motor Vehicle Disputes Tribunal.
For both tribunals, there are no lawyers or judges present. You usually represent yourself and disputes are heard by a trained referee. The referee works with both sides to try to reach an agreement. If they can't agree, the referee can make a binding decision.
The Disputes Tribunal can deal with a wide range of disputes including:
- work not completed as expected
- over-charging
- insurance claims
- loss caused by misleading advertising and false statements in sales material
- hire purchase agreements (now called credit sales)
- disputes involving contracts or business agreements.
- goods that don’t work as expected, are of poor quality or don’t fit the description at sale
- whether a service provider (for example, a tradesperson or hairdresser) has done work to acceptable standards.
You can learn more about how to make a claim with the Disputes Tribunal here
Making a claim through the Disputes Tribunal
Motor Vehicle Disputes Tribunal(external link) — New Zealand Ministry of Justice
For disputes exceeding $30,000, you can take your case to the District Court.
Taking disputes to the civil court
If your dispute is not covered by a specialist scheme and is valued at more than $30,000 but less than $350,000, you can file a civil claim in the District Court. The High Court hears civil claims that are complex or for more than $350,000.
Claims you can take to civil court(external link) — Ministry of Justice
It's best to consult a lawyer before doing this. If you can't afford a lawyer, you might be able to get free or funded legal help – contact your local Community Law centre.
Legal aid(external link) — Ministry of Justice
Free legal help(external link) — Community Law
Report it to an authority
As well as taking direct action to sort out your complaint, you may be able to make a formal complaint about the business to the Commerce Commission, Financial Markets Authority or an industry regulator.
Commerce Commission
Report a business you think has:
- misled you
- said something that isn't true
- treated you unfairly when buying on credit or borrowing money.
The Commerce Commission doesn't act on behalf of individuals and can't investigate every complaint. But their investigations do help make sure businesses are complying with the law. Your information helps them assess which consumer issues are causing greatest harm.
Report a concern(external link) — Commerce Commission
Financial Markets Authority
The Financial Markets Authority investigates a range of complaints about the conduct of individuals and businesses that operate in New Zealand's financial markets. This includes misleading or deceptive conduct, information or disclosures and investment scams.
The FMA can't obtain remedies for individuals. But where a financial service provider is breaching their obligations, they can investigate and, where appropriate, take action to hold them accountable and ensure they meet the standards expected of them.
Make a complaint(external link) — Financial Markets Authority
Industry regulators
You can make a complaint to a regulator if you feel their code of conduct has been breached. Certain industries are regulated to make sure professionals:
- follow standards
- trade fairly
- are registered, such as in the case of builders, architects, doctors
- comply with certain laws.
You can get more advice on industry regulators, such as accountants, builders or health and disability services, in our 'Help by product and service' section.
Other services that can help
If you’re not sure of what step to take next, there are organisations you can approach for advice and advocacy on your behalf.
Citizens Advice Bureau
A free, independent service, run by volunteers. CAB can advise you on your consumer rights and obligations, in person, by phone, or online.
Find a CAB(external link) — Citizens Advice Bureau
Community Law Centre
Offers free one-on-one legal advice to people with limited finances. The organisation has 24 community law centres throughout the country.
You can find legal information and other resources on its website.
Our law centres(external link) — Community Law Centres
New Zealand Law Society
Helps you to find a lawyer to offer you paid independent legal advice. The organisation can also help you to find a paid mediator or arbitrator.
Find a lawyer(external link) — New Zealand Law Society
For general enquiries please contact us