Make a claim

Before making a claim to the Motor Vehicle Disputes Tribunal it's a good idea to look at Consumer Protection’s information about how to resolve a problem with a motor vehicle.

Consumer Protection website(external link)

You might find it useful to talk to your local Citizens Advice Bureau or Community Law Centre.

Citizens Advice Bureau(external link)

Community Law Centre(external link)

Before you make a claim

If you make a claim to the tribunal – costs might be awarded against you if the tribunal thinks your claim is trivial or a claim is troublemaking.

If you’re sure that you have a legitimate claim against a trader, you need to write to or email the trader and set out clearly what you want and why you believe you are entitled to ask them to provide it. Keep a copy of your letter to the trader.

If you don't get a satisfactory reply from the trader within a reasonable time you can then make a claim to the tribunal.

How to make a claim

It costs $50 to make a claim to the tribunal.

You must provide the following information:

  • A clearly written, completed and signed 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 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.

If you cannot supply some of the information above then please write the reason for not being able to.

Ways to pay the fee

Online

You can pay the filing fee online using File and Pay. This service allows for the payment of fees by credit card.

Please note: You can also file your documents when you pay through this process.

Access File and Pay(external link)

By post

To send payment by post, you must include the completed credit or debit card form with your application and post to:

Motor Vehicle Disputes Tribunal
DX: EX11086
Auckland

Credit or debit card fee payment form [PDF, 275 KB]

Note: Please do not email the form to us with your credit or debit card details. We cannot accept the form by email.

In person

Please contact the tribunal or your nearest court to confirm whether you can file your application and make the fee payment at the counter by EFTPOS, credit card, debit card or cash.

Guide to the MVDT

This guide has general information about the Tribunal including how to complete the claim form and what happens next.

Guide to the MVDT [PDF, 162 KB]

Fill in the form

Sign and date your application form and send it to us with your payment:

Application form [PDF, 319 KB]

Postal address:
Motor Vehicle Disputes Tribunal
EX11086
Auckland

mvdt@justice.govt.nz

This page was last updated: