Adjournment Granted for Tenant to Prepare Adequately
📌 In brief
The Tenancy Tribunal granted an adjournment to the tenant because the tenant did not have enough time to prepare for the hearing. The tenant lacked access to the internet and had not seen the necessary documentation.
⚖️ Legal holding
A tenant is entitled to an adjournment if they cannot adequately prepare for a hearing.
📖 Technical summary
The hearing was adjourned due to the tenant's inability to prepare adequately.
📜 Headnote Official document
The Tenancy Tribunal granted an adjournment to the tenant due to insufficient time to prepare for the hearing, considering the tenant's lack of access to necessary documentation and the internet.
📚 Full judgment Official document
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[2025] NZTT 5238852
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Te Atatu Peninsula, Auckland 0610
ORDER
1. The application is adjourned.
2. [NAME] may appear and speak on behalf of the tenant, as her advocate.
Reasons:
3. Both parties attended the hearing remotely by telephone.
4. The landlord seeks termination of the tenancy for anti-social behaviour pursuant to section 55A and breach of section 40(2)(c), interference with another tenant of the landlord and neighbours.
5. Due to the significant disparity between the parties in their ability to present their respective cases the Tribunal has allowed [NAME] to appear and speak on behalf of the tenant as her advocate.
6. I have added [NAME]’s details to the system, including her telephone number as being the preferred contacts for the tenant.
7. The advocate for the tenant asked for an adjournment because of the lack of time to prepare for the hearing, the tenant not having access to the internet and not having seen the documentation, in particular the witness statement.
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8. The landlord did not agree to an adjournment.
9. I consider it is important in this instance to allow the adjournment so that the advocate has time to prepare for the hearing after receiving the documentation.
10. However, I have indicated that I will advise Tenancy Services a new hearing date should be allocated in a fortnight.
11. Although I have heard the landlord’s application I have not heard from the advocate or tenant and consider that any adjudicator can hear the application.
12. Tenancy Services will advise the parties and the advocate of the time and date of the next hearing.
J Wilson
08 May 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's advocate needed more time to prepare for the hearing after receiving the documents.
- The tenant did not have internet access and had not seen the documents, including the witness statement.
- There was a significant difference in the parties' ability to present their cases.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted an adjournment to the tenant.
What was the dispute about?
The dispute was about whether the tenant could receive an adjournment due to inadequate preparation time.
How did the court decide, and why?
The court decided to grant an adjournment because the tenant did not have sufficient time to prepare for the hearing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the tenant's lack of preparation time and access to necessary documentation.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also be granted an adjournment if they can show that they need more time to prepare for the hearing.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were crucial.