COVID-19 UPDATE 18 JANUARY 2022

THE MOTOR VEHICLE DISPUTES TRIBUNAL
TE RŌPŪ TAKE TAUTOHENGA Ā-WAKA

PROTOCOL OF THE TRIBUNAL UNDER THE COVID-19 PROTECTION FRAMEWORK

The Motor Vehicle Disputes Tribunal | Rōpū Take Tautohenga ā-Waka has put the following additional safety measures in place to reduce the risk of hearing participants being exposed to COVID-19. These measures will apply to all hearings while the COVID-19 Protection Framework (or “traffic light system”) is in place.

When do these safety measures start?
1. These measures apply in respect of hearings on and after 1 February 2022.

Who can attend a hearing in person?
2. To attend a Tribunal hearing in person at levels Red, Orange, or Green of the traffic light system, all parties, support people, witnesses, interpreters and any other person entering a Tribunal hearing room (apart from persons under the age of 12 years and 3 months) will need to have a COVID-19 Vaccination Certificate (My Vaccine Pass) which they will need to email to the case manager when a hearing is requested following settlement discussions.

3. A person wishing to attend a Tribunal hearing who has not complied with paragraph 2 will be able to attend the hearing remotely by video-link over the internet (using Virtual Meeting Room, Microsoft Teams or similar) or telephone but will not be permitted to attend the hearing in person.

What other safety measures are in place?
4. Everyone who attends the Tribunal in person must comply with the following health and safety requirements (and any other requirements advised by staff at the Court or hearing facility):
* Show a copy of their Vaccine Pass and photo identification (such as a driver’s licence or passport) if required to do at the entrance to the building;
* Scan the QR Code at the entrance to the building, or record details in the register provided at the door;
* Have a temperature check if required by security staff at the building entrance;
* Wear a facemask in the building and in the hearing room, unless an exemption applies, or unless the Adjudicator approves its removal in the hearing;
* Maintain a distance of at least 1 metre from others (unless they are a person attending with you).

5. Any concerns about health and safety practices in the Court should be raised with the Site Manager in the first instance. In the event of community transmission in your area, public health advice will be taken and further measures may be put in place.

Other aspects of the Tribunal's processes
6. While the COVID-19 Public Health Response (Protection Framework) Order 2021 is in force, the Tribunal will, as far as is reasonably practicable, operate in its usual manner.

7. There may, in some cases, need to be changes to the way the Tribunal operates, including by conducting hearings entirely by video-link or telephone or by requiring that documents be emailed rather than posted or delivered.

8. Parties affected by any change to the Tribunal’s usual operating procedures will be advised of those changes and provided with information to ensure that they understand how their matter will be handled by the Tribunal.

9. This Protocol applies until revoked or modified by the Tribunal.

10. The Tribunal's Protocol dated 17 August 2021 is revoked.

Brett Carter and Jason McHerron
Adjudicators

IMPORTANT: If you bought a vehicle from a private seller and want to dispute the sale – you’ll need to go through the Disputes Tribunal.

Disputes Tribunal(external link)

The Motor Vehicle Disputes Tribunal is only for people who have bought a vehicle from a registered trader – or from a trader that meets the criteria for registration but isn’t. You can look at the Motor Vehicle Sales Act to find out more about the definition of a trader.

It’s a good idea to read the Consumer Protection website(external link)

It explains what to do if you have a problem and how to get it resolved.

The Motor Vehicle Disputes Tribunal deals with disputes of amounts up to $100,000. It can be more if both parties agree in writing.

Have your say: Consultation on Motor Vehicles Traders Register and Motor Vehicles Disputes Tribunal fee/levy review

The Ministry of Business, Innovation and Employment (MBIE) and the Ministry of Justice are seeking your opinion on some proposed changes that will affect motor vehicle traders. The proposal involves:

  • changes to the fees for motor vehicle trader registration, and
  • changes to the funding of the Motor Vehicle Disputes Tribunal and the associated levy.

The Motor Vehicle Disputes Tribunal levy is added to the registration fee for motor vehicle trader registration.

The proposed increase to fees and/or levies is necessary to:

  • better ensure that traders are paying fully for the costs of services given the benefits they receive from a well-regulated environment, and
  • sustainably fund the services that are being provided.

Consultation is open from 17 January 2022 and will close at 5pm on 25 February 2022.

For more information, including the proposal document and how to make a submission, please see:

https://www.mbie.govt.nz/have-your-say/reviews-of-motor-vehicle-traders-fees-and-motor-vehicle-disputes-tribunal-levy(external link)