Chch Small Claims Tribunal under-used

Press, 1 September 1977, Page 7

Chch Small Claims Tribunal under-used

The work of the Small: Claims Tribunal in Christchurch is slowly increasing but the tribunal is far front being fully used because many people are still unaware of it. Since late May, when it was established, the tribunal has dealt with 83 claims, al) but 12 of them lodged by in-1 dividuals. said the tribunal’s) deputy clerk (Mr R. £. Thompson). One of the problems in letting the public know about its work was that its hearings were private and so there was no publicity such es came out of the Magistrate’s Court, he said. Also because the tribunals — there are two others in New Plymouth and Rotorua — are still on trial, there has been little national publicity. “We have no explanatory pamphlet on the work of the tribunal to give to people who inquire. Although it is understood one has been prepared. it has still not reached Christchurch,” said Mr Thompson. He said he received a lot of inquiries from people considering whether to make claims, how to go about it. and whether their proposed

actions came within the jurisdiction of the tribunal. “Some of these people are referred to us by the Consumers’ Institute or the Citizens’ Advice Bureau and by some solicitors advising their clients.” Mr Thompson said. There were between 100 land 150 small claim actions awaiting hearing in the (Christchurch Magistrate’s : Court and the tribunal was attempting to ask the parties concerned to have them ■ I transferred, by consent, tc /the tribunal. ij Of the 83 claims filed sc ■ •far, nine were settled before

being heard, three were settled by agreement at a tribunal hearing, and 22 orders were made. So fai only one applicant hac sought enforcement of ar order. "From this we assume that all the orders are beinj complied with. Once the order has been made settle ment is more often than no : left to the two parties con cemed so that unless an en forcement order is asked foi Iwe assume payments an made,” he said. I Decisions made by the tri Ibunai are binding on th< Crown.

Claims before the tribunal: vary between a minimum of, $5 and a maximum of $500,! and in Christchurch the tri-] bunal has dealt with both' extremes during its 14 sittings. Sometimes the tribunal orders payment in full within a specified time or else by specified amounts over a period of time depending on the amount involved. Mr Thompson said the tribunal did not act as a debtcollecting agency. It only dealt with claims which were in dispute. The tribunal was set up to deal with small disputes which may result from faulty workmanship by tradesmen, unsatisfactory purchases from retailers, or perhaps damage to motor vehicles after an accident. Duties involving the re- : covery of land and with ; motor vehicle dealers are i excluded from the tribunal’s ■ jurisdiction. One of the main advant- . ages of using the tribunal is •ithat it is cheap. To file a ’(claim costs only $4 which is (recoverable from the other > partv if the claim is successful. "