Adjourned Hearing: Tenant Seeks Safe Collection of Belongings
📌 In brief
The Tenancy Tribunal at Invercargill adjourned a hearing where a tenant requested permission to safely collect belongings from a property. The hearing was adjourned because there was no agreement between the tenant and landlord, and further evidence was needed.
⚖️ Legal holding
A tenant is entitled to safely collect their belongings if the conditions allow it under the Residential Tenancies Act.
📖 What the law says
This section allows a tenant to ask the Tenancy Tribunal to cancel a notice from their landlord ending the tenancy. The tenant must apply within 14 working days if they believe the landlord gave the notice because the tenant used a right they have under their tenancy agreement or the law, or made a complaint against the landlord.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The hearing was adjourned due to unresolved issues and lack of agreement between the parties.
📜 Headnote Official document
The Tenancy Tribunal at Invercargill adjourned a hearing involving a tenant's request to safely collect belongings from a property. The hearing was adjourned due to unresolved issues and lack of agreement between the parties.
📚 Full judgment Official document
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[2025] NZTT 5142814
TENANCY TRIBUNAL AT INVERCARGILL | TE TARAIPIUNARA RETIHANGA KI WAIHŌPAI
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The hearing is adjourned.
2. A further two hours is required if this matter is to proceed. If there has been an agreement, I would ask Mr [NAME] to advise as soon as possible.
3. If the matter is to proceed all evidence is to be filed by both parties in advance of the next hearing to avoid further delay.
Reasons:
1. Both parties attended the hearing via teleconference.
2. The tenant claims that he is only seeking the ability to collect his belongings in a safe way.
3. I question if there is Jurisdiction for me to make any orders.
4. If the hearing is to proceed, I would expect the parties to file evidence in relation to the tenancy. There is no agreement and rent was not paid. It appears to have been some kind of business relationship. Mr [NAME] no longer resides there but wishes to collect his belongings. He states that the last time he was at the property Mr [NAME]’s behaviour was threatening and police were involved.
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They would not assist with the removal of belongings stating it was a Tenancy Tribunal matter.
5. The parties have agreed to use a third party to negotiate the collection of belongings and I urge the parties to do so. If the matter is to come before me, I expect both parties to provide evidence as to the tenancy arrangement, when it started and ended, and what section of the Residential Tenancies Act the parties seek to rely on and to advise what they seek from the Tribunal
6. The parties will be notified in writing by Tenancy Services of the date and time of the next hearing.
[NAME]
31 March 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant is entitled to safely collect his belongings if conditions allow it under the Residential Tenancies Act.
- The parties agreed to use a third party to negotiate the collection of belongings.
❌ Tends to be rejected
- The hearing was adjourned due to lack of agreement and unpaid rent.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The hearing was adjourned until further evidence and agreement could be provided.
What was the dispute about?
The dispute was about a tenant's request to safely collect belongings from a property without interference from the landlord.
How did the court decide, and why?
The court decided to adjourn the hearing because there was no agreement between the parties and further evidence was needed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was considered relevant to the case.
What was the argument that mattered most?
The argument that mattered most was whether the tenant had a legal right to safely collect belongings under the Residential Tenancies Act.
Was the decision for or against the person who brought the case?
The decision was neither for nor against the tenant as the hearing was adjourned.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure there is clear agreement and evidence before proceeding to a hearing.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.