Make a claim

Before making a claim to the Motor Vehicle Disputes Tribunal it's a good idea to read Consumer Protection’s information about how to resolve a problem with a motor vehicle, including their ‘Back on the road’ booklet, which covers your consumer rights when buying a vehicle.

Consumer Protection website(external link)

Back on the right road booklet [PDF, 1.07MB](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, Three copies of all documents need to be provided
  • 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. The fee can be paid by credit card, debit card or cheque. You can also pay by cash or EFTPOS at one of our counters.
  • If you are paying by credit or debit card, fill in and send us the form below with your application.
  • If you are paying by cheque, the cheque should be made out to the ‘Ministry of Justice’.
  • Three copies of all documents need to be provided

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

Pay by credit or debit card

Fill in and send us this form with your application:

Pay with a credit or debit card [PDF, 275 KB]

Fill in the form

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

Application form [PDF, 314 KB]

Postal address:
Motor Vehicle Disputes Tribunal
EX11086
Auckland

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