What You Need to Know (The Basics, Mate)
Disputes Tribunal vs District Court
Under $30K? Disputes Tribunal (informal, no lawyers needed). Over $30K? District Court (more formal, lawyers allowed). Choose wisely based on your claim amount.
Time Limits (Limitation Act 2010)
Usually 6 years for contract disputes, 2 years for personal injury. Some claims have shorter periods. Don't wait - limitation periods are absolute.
Consumer Guarantees Act
NZ has strong consumer protections under the CGA. If you bought goods or services that are faulty, you have legal rights. Reference the CGA in your letter if applicable.
Good Faith Obligation
NZ law expects parties to act in good faith. Sending a demand letter shows you're trying to resolve it reasonably. Courts appreciate good faith efforts.
NZ Legal System Overview (The Short Story)
New Zealand operates under common law with statutory modifications. The Disputes Tribunal handles claims under $30K (informal, no lawyers). District Court handles larger claims. Consumer Guarantees Act provides strong consumer protection. Fair Trading Act prohibits misleading conduct. Limitation periods are usually 6 years for contracts. This tool helps you write compliant demand letters, but it's not legal advice. See a lawyer for complex situations.
Common Questions
Do I need a lawyer?
For Disputes Tribunal (under $30K), you can't even use a lawyer at the hearing. You can get legal advice beforehand though. For District Court claims, lawyers are allowed but not required.
What if they ignore my letter?
File with the Disputes Tribunal or District Court. The letter proves you tried to resolve it first, which helps your case. But a letter alone won't force payment.
Can I claim the Consumer Guarantees Act?
If you bought goods or services for personal use and they're faulty, not fit for purpose, or don't match description, the CGA probably applies. It's powerful - use it.
How long do they have to respond?
Typically give them 14-30 days. There's no legal requirement, but 2-4 weeks is reasonable. If they don't respond, proceed to tribunal or court.
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