Motor Vehicles Disputes Tribunal – Adjudicator
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About the Motor Vehicles Disputes Tribunal
About the Tribunal
The Motor Vehicle Disputes Tribunal is established under section 82 of the Motor Vehicle Sales Act 2003. The role of the Tribunal is to enquire into and resolve disputes filed by consumers in respect of alleged breaches of the responsibilities of registered and unregistered motor vehicle traders.
Functions
The Tribunal can hear claims up to a value of $100,000 (or over this amount if the parties to the application consent in writing to the determination) concerning the sale of motor vehicles by registered and unregistered motor vehicle traders under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and certain provisions of the Contract and Commercial Law Act 2017.
Under section 82(3) of the Motor Vehicle Sales Act 2003, each Tribunal must consist of:
- An adjudicator who must be a barrister or solicitor of the High Court of not less than five years’ practice.
- An assessor appointed by the adjudicator for the purposes of each hearing from a panel of assessors maintained by the Minister of Commerce and Consumer Affairs.
Adjudicator responsibilities
Duties
The role and responsibilities of an adjudicator include:
- Referring applications to the respondent(s), requiring that the respondent(s) discuss the application with the applicant, and providing a written report on the outcome of discussions.
- Determining the Tribunal procedure and conducting Tribunal hearings. This can also include travelling to regional centres for this purpose.
- Appointing and working with assessors for each hearing and determining applications brought before the Tribunal.
- Writing decisions concerning applications brought before the Tribunal.
- Assisting the part-time adjudicators with their duties during absences and periods of increased workload.
- Submitting an annual report to the Minister of Commerce and Consumer Affairs.
Time commitment and remuneration
The time commitment of the role is flexible and will be discussed with the successful candidate. Full-time and part-time adjudicators will be expected to hear cases in a range of locations for approximately and spend approximately two days preparing or writing decisions for each day of hearings. The workload of an adjudicator may vary depending on the volume of claims before the Tribunal and whether the successful candidate works full-time or part-time. There may be a need to travel to hear disputes on occasion.
Following the completion of the appointment process, the Remuneration Authority will make a determination of the remuneration received by the adjudicator. Each determination is personal to the adjudicator. Travelling allowances and expenses are paid by the Ministry of Justice in accordance with the Fees and Travelling Allowances Act 1951.
Person specifications
Specific skills required
Applicants must have at least five years of experience as a barrister or solicitor of the High Court of New Zealand (judicial, tribunal or dispute resolution experience is an advantage).
In addition, an ideal candidate should have:
- Experience in hearing and people management.
- Knowledge or understanding of consumer, fair trading, and credit laws.
- A high standard of written communication.
- Experience in working with a range of people from different backgrounds and with different perspectives.
Appointment process
Adjudicators are appointed by the Governor-General on the joint recommendation of the Minister of Commerce and Consumer Affairs and the Minister of Justice. Appointments may be made for terms of up to five years.
As part of the appointment process, candidates are required to complete a disclosure form. The information that is disclosed by the candidates enables the responsible Ministers to know the relevant interests and any conflicts that a person may have. The information is used to assess whether a candidate would be able to contribute effectively, and where conflicts are identified, to ensure that these can be managed appropriately.
Additional information
For enquiries about the position, email: boardappointments@mbie.govt.nz