Published 10 May 2019
Appeal — Motor Vehicle Disputes Tribunal — unfair or prejudiced proceeding — rights of natural justice — Motor Vehicle Sales Act 2003 — Consumer Guarantees Act 1993, s 6 — District Court Rules 2014, r 18.24 — New Zealand Bill of Rights Act 1990, ss 25 & 27 — Wyeth (NZ) Ltd v Ancare New Zealand Ltd [2010] 3 NZLR 569. The appellant appealed a decision of the Motor Vehicle Disputes Tribunal, which had found in favour of the respondent in the sum of $45,000 for failing to meet its statutory guarantee under the Consumer Guarantees Act, s 6. The central grounds of the appeal were that the conduct of the proceedings were unfair and prejudicially affected the result. Specifically, the appellant was not given the opportunity to cross-examine the mechanic whose report was central to the determination, and that he was not given the report until the hearing. The Judge held that the lack of opportunity to cross-examine did not breach natural justice. There is no right to cross-examine in the Disputes Tribunal. The Judge noted that Parliament intended it to be a less formal proceeding, as demonstrated by the fact lawyers cannot appear and witnesses cannot be compelled to appear. However, the Judge ruled that the fact that the appellant was not given the report until the hearing did breach natural justice, therefore making the proceedings unfair and prejudicing the appellant. The appellant was not offered the opportunity of an adjournment, therefore had little opportunity to respond to the principal item of evidence the Tribunal relied on in reaching its decision. The matter was directed back to the Tribunal for a re-hearing. Judgment Date: 28 February 2018.
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