Application Dismissed Due to Non-Attendance at Tenancy Tribunal Hearing
📌 In brief
The Tenancy Tribunal dismissed an application because neither the landlord nor the tenant showed up for a scheduled video hearing. The Tribunal waited for 30 minutes but could not reach either party.
⚖️ Legal holding
Neither party is entitled to relief when they fail to attend a scheduled hearing.
📖 Technical summary
The application was dismissed due to neither party attending the scheduled video hearing.
📜 Headnote Official document
In a Tenancy Tribunal case, the application was dismissed because neither the landlord nor the tenant attended the scheduled video hearing. The Tribunal waited for 30 minutes but could not establish communication with either party.
📚 Full judgment Official document
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[2025] NZTT 4979768
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
2. The request to again adjourn these matters is declined.
Reasons:
3. Neither party attended the scheduled video hearing at the scheduled time of 9:30 am, or for the next 30 minutes.
4. The tenant did not answer phone calls.
5. The Tribunal then attempted to contact the property manager by telephone. The call was answered by [NAME] who attempted to explain that he was out of the country and his reception was poor. That was readily apparent as he was almost inaudible. He requested that an alternative property manager be contacted, but that phone number was also not answered on multiple occasions over the next 30 minutes.
6. [NAME] then appeared to request an adjournment (although that was difficult to understand due to the poor reception). He was advised that he needed to do that prior to the hearing given that the matters have already been adjourned for similar reasons (and the Tribunal had then expressed its displeasure at the
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waste of valuable Tribunal time and the lack of courtesy displayed). See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
7. The Tribunal waited until 10 am (30 minutes after the scheduled start time) and then disconnected the video call and issued this order.
[NAME]
18 February 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 Tribunal waited for both parties to attend the scheduled video hearing.
- The Tribunal expressed its displeasure at previous wasted time and lack of courtesy.
❌ Tends to be rejected
- The tenant did not answer phone calls during the scheduled time.
- The property manager requested an adjournment but was told it needed to be done before the hearing.
- The property manager was out of the country and had poor reception during the call.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The application was dismissed because neither the landlord nor the tenant attended the scheduled video hearing.
What was the dispute about?
The dispute was about a landlord's application which was dismissed due to non-attendance at a scheduled video hearing.
How did the court decide, and why?
The court decided to dismiss the application because both parties failed to attend the scheduled hearing, despite attempts to contact them.
Which laws or rules were applied?
No specific laws or rules were applied in this decision.
What was the argument that mattered most?
The argument that mattered most was the failure of both the landlord and the tenant to attend the scheduled video hearing.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, as the application was dismissed.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that failing to attend a scheduled hearing can result in the dismissal of their application.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.