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Tribunals
We can also appear on your behalf in the Tenancy Tribunal although ithe Tenancy Tribunal require you, or your letting agent who was managing the rental, to present the case in order that you can refute in erroneous assertions by the tenant. In fact all Tribunals require creditors to represent themselves if they are residing in New Zealand. Usual fees for us to attend these hearings are charged on an $100 + G.S.T. per hour basis.
We can not, however, present cases to the Disputes Tribunal as the tribunal deems us to be skilled advocates within the terms of the Disputes Tribunal Act which excludes us from presenting such cases.
Enforcement
We can initiate and prepare most supporting documentation in support of getting your debtor (ex tenant) through the District Court enforcement process if they refuse to pay voluntarily or stop paying by arrangement. The Ministry of Justice requires all debt collection companies to have solicitors sign off all application documentation and appear at examination hearings. These costs of preparation are usually awarded by the District Court and added to the debt to be recovered from your debtor albeit we or you has to fund them first before they are recovered from the debtor.
Don't think, by having a Tenancy or Disputes Tribunal Order or District Court Judgement in your favour, that it means the debtor has to start paying you. These orders or judgements are only documents which the said Tribunal or Court has formally agreed that you have provided a case that means they owe you the money. The civil process of recovery is largely reliant on private companies or yourself recovering that money and using the District Court Enforcement system as a recovery system of last resort.
We will arrange for our contracted solicitor to appear at any District Court enforcement hearing on your behalf. Fees vary from $150 inc. GST in most major centres to $160 + GST per smaller Courts per hearing. The District Court will usually award you $150 inc. GST, per hearing, towards these solicitor costs and will be added to the debt that has be repaid by your debtor.