The short answer
- Disputed, and under the Tribunal limit: the Disputes Tribunal is usually the proportionate choice.
- Undisputed: the District Court, where an unanswered claim can lead to judgment without a hearing, and your terms may let you recover costs and interest. Against a company, consider a statutory demand first.
- Over the Tribunal limit: the District Court, which hears civil claims up to $350,000.
Side by side
Amount
The Disputes Tribunal hears claims up to $60,000. The District Court hears civil claims up to $350,000. Above that is the High Court.
Who appears
In the Tribunal, parties present their own case. Lawyers cannot appear, and other representatives need the Tribunal's approval. A business is usually represented by an owner, director or employee. In the District Court, a company is generally represented by a lawyer, which we arrange.
Process
The Tribunal is informal. A referee hears both sides in private, usually in a single hearing, and can help the parties reach an agreement. The District Court follows the District Court Rules: a statement of claim, a set time for the defendant to file a defence, and if a defence is filed, a process leading to a hearing before a judge.
When the debtor does not respond
If the debtor does not attend a Tribunal hearing, the referee can decide the claim in their absence. In the District Court, if the defendant does not file a defence in time to a claim for a fixed sum of money, such as an unpaid invoice, the claimant can seek judgment without a hearing. For a straightforward, undisputed invoice, that can be the quickest route of all.
Costs and interest
The Tribunal can award costs only in limited circumstances, so you generally bear your own fee and time. In the District Court, the successful party is usually awarded a contribution to its legal costs on a scale, and contractual interest and recovery costs under your terms of trade can be claimed where the terms provide for them.
Fees
Both charge filing fees set by regulation, and both sets of fees change from time to time. The Tribunal's fee is lower and rises with the amount claimed. Check the current fees on the Ministry of Justice website before filing.
Appeals
A Tribunal decision can be appealed only on narrow grounds, essentially that the referee conducted the hearing unfairly and that affected the result. A District Court judgment can be appealed on the merits to the High Court.
Enforcement
Both end in the same place. A Tribunal order and a District Court judgment are each enforced through the District Court's civil enforcement processes. See enforcing a judgment in New Zealand.
Three examples
These are composite, fictional examples to illustrate the choice.
A small invoice, the client says the work was poor
Disputed and modest. The Tribunal lets a referee look at the work, the quote and the photographs without either side paying lawyers. Prepare the evidence properly; the hearing is the whole case.
A trade account, no complaint, no payment
Undisputed. If the debtor is a company, a statutory demand may get it paid. If not, a District Court claim that goes undefended can reach judgment without a hearing, and your terms of trade may let you recover costs and interest.
A progress claim over the Tribunal limit, no payment schedule
If it is a valid payment claim under the Construction Contracts Act 2002, it is recoverable as a debt due with limited room for the payer to argue set-off. District Court, or a statutory demand. See what to do when a builder or client won't pay.
How we can help
We will tell you which forum fits your debt before anything is filed. For the Tribunal, we prepare the claim and evidence and the person presenting it; for the District Court, we run the claim and arrange a lawyer where one is needed. Either way, we can enforce the result. See Disputes Tribunal claims.
General information, not legal advice. This page describes New Zealand law and practice as at October 2026; the right step for a particular debt depends on its facts. Where a matter needs legal advice, we will say so.