Losing at the Disputes Tribunal doesn't automatically mean something went wrong with the process, most of the time it just means the Referee weighed the evidence differently to how you would have. But where something genuinely did go wrong, two distinct routes exist, and picking the right one for what actually happened matters more than acting quickly with the wrong application.

Step 1: Understand that disagreeing with the outcome isn't enough for either route

Neither a rehearing nor an appeal exists to give you a second attempt at persuading a Referee your side was right. A rehearing is for when something genuinely stopped the correct decision being made, relevant information wasn't available at the time, or a clear mistake occurred. An appeal is narrower still: it only succeeds where the hearing itself was conducted unfairly in a way that affected the result, not because you'd have argued it differently or think the Referee got the facts wrong.

Step 2: Apply for a rehearing within 20 working days if something went wrong procedurally

Either party can apply for a rehearing within 20 working days of the decision. It's free, quickest done online, and the form is then filed at the District Court where your original claim was heard. This is the right route when you can point to something specific and objective, evidence that genuinely wasn't available to you at the hearing, or an error in how the decision was reached, not simply a disagreement with which side the Referee believed.

Step 3: Know what happens after you apply for a rehearing

The same Referee who heard the original case decides whether to grant a rehearing, and you may need to attend a short hearing just to argue why one should be granted before the substantive case is looked at again. If granted, the rehearing itself is usually conducted by a different Referee, so you're not asking the same person to reconsider their own decision. Applying doesn't pause enforcement of the original order automatically, a Referee has to separately grant a stay if you need the order put on hold while the rehearing is decided.

Step 4: Appeal to the District Court if the hearing itself was unfair

If your issue isn't with missing evidence or an error but with how the hearing was actually run, for example you weren't given a fair chance to present your case, the route is an appeal to the District Court where your claim was heard, not a rehearing application. This has to be filed within 20 working days of the order, though a District Court judge can grant more time in limited circumstances, and currently costs $275 to file.

Step 5: Understand what happens once you file an appeal

After filing a Notice of Appeal, the original Referee writes a report on how the hearing was conducted, and this is sent to both you and the other party before the appeal itself is heard. The appeal is then decided by a District Court judge at a hearing you'll need to attend, where the judge looks specifically at whether the process was unfair and whether that unfairness affected the outcome, not at re-arguing the underlying dispute from scratch.

Step 6: Decide which route actually fits your situation

If you're unsure which applies, the practical test is what you're actually complaining about: new or overlooked evidence and genuine mistakes point toward a rehearing application with the Tribunal itself; a hearing you believe was conducted unfairly points toward a District Court appeal instead. Filing under the wrong route, or filing both hoping one sticks, wastes the fee and the 20 working day window rather than strengthening your position.

Step 7: Know that both routes are a genuine last resort

If a rehearing is refused, or an appeal fails, the original order stands and becomes enforceable exactly as it was, see our guide on paying off a Disputes Tribunal order if you're on the paying side, or the enforcement guide if you're owed the money. There's no further right of appeal beyond the District Court for a straightforward disagreement with the result, which is why the Tribunal's decision is described as final and binding in almost all cases.

A worked example

A claimant loses a $2,000 claim over faulty work because the tradesperson produces an invoice at the hearing that the claimant had never seen before and had no real chance to respond to on the spot. Within a fortnight, the claimant applies for a rehearing, arguing they weren't given a fair opportunity to address new evidence introduced during the hearing itself. The original Referee agrees this affected the outcome and grants a rehearing, which is then conducted by a different Referee with both sides given proper notice of all the evidence in advance.

This guide is general information, not legal advice, and Tribunal and District Court procedures, deadlines, and fees can change. LawClaims is a document preparation tool, not a law firm, and no solicitor-client relationship is formed by using it or reading this page. For advice on your specific situation, consider a free service such as Community Law or Citizens Advice Bureau, or a lawyer.

How to Apply for a Rehearing or Appeal a Disputes Tribunal Decision