He pēhea te tukanga wenewene nā te Kaikomihana i kōkiri e mahi ai How the Commissioner-initiated disputes process works

If we want to adjust a return you've filed, we'll generally send you a Notice of proposed adjustment (NOPA) first. This notice will include: 

• details of the amount we want to adjust
• the facts and tax laws that support the adjustment we are proposing
• how the law applies to the facts.

Outcome 

If you accept all our adjustments we'll issue a new assessment in line with our amounts and the matters ends there. 

If you disagree with any part of our notice, the process continues with Step 2. 

You'll send us a Notice of response (NOR) - IR771. This notice must be sent within 2 months from the date we issued the NOPA, otherwise you're deemed by law to have accepted our NOPA. 

Your notice must include:

• the change you want to any amounts on our NOPA
• the facts that support the change you want
• why you think your view is correct.

You can also list on the notice the documents you've attached.

Outcome

If we accept your notice we'll issue a new assessment in line with your amount or the assessment in your return stands, and the matter ends there.

If we disagree with your notice, the process continues.

We get together to:

• exchange relevant information and documents about the dispute
• try and resolve differences about the facts, laws and legal arguments.

This can be done over the phone or in person. You can choose to have a senior Inland Revenue staff member act as a facilitator for the conference. This facilitator will have had no previous involvement with the dispute.

Outcome

If we reach an agreement at the conference, we'll issue a new assessment to reflect that agreement.

If we cannot reach an agreement at the conference, you can ask for our agreement to opt out of the rest of the disputes process if you think that the dispute can be more efficiently resolved at the Taxation Review Authority or High Court. If we agree to your request to opt out we'll issue a new assessment and the process continues at Step 7.

If we cannot reach an agreement at the conference or on your opt-out request, the process continues. 

A Disclosure notice will be sent with our Statement of position (SOP). This statement will include: 

• an outline of the facts, documentary evidence and propositions of law we're relying on
• an outline of the issues we consider are in dispute. 

If the dispute goes to the Taxation Review Authority or High Court, we cannot introduce any issues or propositions of law that were not in our SOP unless you agree to it. This is called the Issues and propositions of law exclusion rule. 

A judge may allow previously undisclosed issues and propositions of law to be raised in very limited circumstances. 

Use the Statement of position (SOP) - IR773 form. This form must include: 

• the facts that support your view 
• the questions that need to be answered to resolve the dispute
• why you think your view is correct
• a list of the evidence you're relying on. 

This statement must be sent within 2 months of when we issued the Disclosure notice, otherwise you're deemed by law to have accepted our SOP.

If the dispute goes to the Taxation Review Authority or High Court, the issues and propositions of law exclusion rule says that it cannot introduce any issues and propositions of law that were not in your SOP. The only way you can introduce new issues and positions of law is if we agree to it. 

A judge may allow previously undisclosed issues and propositions of law to be raised in very limited circumstances. 

If you SOP discloses matters that we were not previously aware of, we're allowed by law to issue an addendum to our SOP within the 2 months of when you issued your SOP. 

In most cases, if no agreement is reached by this stage the case will go to our Disputes Review Unit for consideration. 

The Disputes Review Unit staff are independent experts within Inland Revenue who'll take a fresh look at the case. They'll consider the following in each of the SOPs:

• facts
• evidence
• legal principles
• issues raised.

The Disputes Review Unit will reach a decision and send a copy of the adjudication report to you and the Inland Revenue staff member involved. 

Outcome

If the Disputes Review Unit decides in your favour: 

• your return stands
• we'll issue a new assessment in line with the amount in your NOR.

The matter will end at this point. 

If the Disputes Review Unit decides in our favour, we'll issue a new assessment in line with the amounts we proposed.

If you accept this decision the matter ends there. 

If you do not accept this decision the process continues.

You may take your case to the Taxation Review Authority or the High Court. The Taxation Review Authority has less strict rules of evidence, usually costs less and is not open to the public. 

You have 2 months to do this from the date of the new assessment based on the adjudication report decision. 

You'll receive information about how to take your case to the Taxation Review Authority or the High Court with your new assessment. 

It's up to you to prove your position in the Taxation Review Authority or High Court. You must prove:

• the assessment is wrong
• why the assessment is wrong
• the amount by which the assessment is wrong.

However, if we've assessed you for a shortfall penalty for evasion or a similar act we must prove the assessment is correct.