Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has purchased goods or services that have failed to meet statutory quality standards and wants to claim a refund, repair, replacement, or compensation in New Zealand. This plan helps legal practitioners guide consumers through the initial eligibility checks, pre-action negotiations, and the process of filing and presenting a claim self-represented in the Disputes Tribunal.
Jurisdiction: New Zealand Disputes Tribunal (national jurisdiction). This parent plan covers the standard claim process, with forks addressing the rejection of goods, cancellation of service contracts, and parallel misleading conduct claims under the Fair Trading Act.
The Process at a Glance: The process starts with a conflict check and assessing whether the client qualifies as a consumer under the law. The practitioner gathers purchase records and independent diagnostic reports before serving a formal notice of dispute on the trader. If the trader refuses to settle within fourteen days, the practitioner prepares the claim form and evidence bundle for filing. Since lawyers cannot appear at the hearing, the practitioner coaches the client for self-representation at the roundtable conference. Once the referee issues the binding decision, the practitioner secures sealed orders and coordinates enforcement if the trader defaults.
Use this plan when a supplier made false or misleading pre-sale representations about goods or services, causing the client to suffer loss and emotional distress. This plan guides the practitioner through pleading parallel claims under the Fair Trading Act to recover compensation for stress, worry, and disappointment.
Use this plan when the client has purchased defective goods that have a failure of a substantial character and wishes to reject the goods to obtain a full refund or replacement. This plan guides the practitioner through assessing durability, serving the statutory notice of rejection, and returning the goods.
Use this plan when the client has contracted for services that have a failure of a substantial character or cannot be remedied, and wishes to cancel the services contract and recover payments made. This plan guides the practitioner through serving the cancellation notice and claiming restitution.
Key Legislation and Case Law: Consumer Guarantees Act 1993 - s 2 (definitions of consumer, manufacturer, supplier, and trade); s 5 (clear title); s 6 (acceptable quality); s 7 (definition of acceptable quality); s 8 (particular purpose); s 9 (description); s 10 (sample); s 11 (reasonable price); s 12 (repairs and parts); s 18 (remedies for goods); s 20 (loss of right to reject); s 21 (substantial failure for goods); s 22 (rejection notice); s 23 (refund or replacement); s 28 (care and skill for services); s 29 (particular purpose for services); s 30 (time of completion); s 31 (reasonable price for services); s 32 (remedies for services); s 35 (cancellation notice); s 36 (substantial failure for services). Disputes Tribunal Act 1988 - s 10 (jurisdiction); s 14 (abandonment of excess); s 15 (splitting causes of action); s 38 (legal representation ban); s 42 (Tribunal may act on the evidence available where a party does not present a case); s 47 (enforcement of agreed settlements); s 50 (appeals). Disputes Tribunal Amendment Act 2025 - doubling jurisdiction to $60,000. Limitation Act 2010 - s 11 (primary 6-year period and absolute 15-year longstop); s 14 (3-year late knowledge date). Disputes Tribunal Rules 1989 - Rule 7 (postponements); Rule 9 (representatives); the claim form approved under s 24 of the Disputes Tribunal Act 1988 (it has had no form number since the forms rule was revoked on 29 October 2019); rule 8 (form of insurer acknowledgement) was revoked on 29 October 2019, and the acknowledgement is now lodged on the approved form under s 29 of the Act. Key cases: Smythe v Bayleys Real Estate Ltd (1993) 5 TCLR 454.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the New Zealand Consumer Guarantees Act Claim (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Establish conflict-free representation.
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Build the evidentiary foundation.
Fulfil conditions precedent to filing.
Formulate precise legal claims.
Commence official dispute proceedings.
Ready client for roundtable hearing.
Resolve matter with binding orders.
We do not house forms for this jurisdiction yet. Where a task names a form, its link goes to the official source.