Application Dismissed for Lack of Prosecution
📌 In brief
The Tenancy Tribunal dismissed the application because neither the tenant nor the landlord showed up for the scheduled hearing. This highlights the importance of attending hearings to avoid having your case dismissed.
⚖️ Legal holding
Neither party attending the hearing results in dismissal of the application.
📖 Technical summary
The Tenancy Tribunal dismissed the application due to lack of prosecution.
📜 Headnote Official document
In this case, the Tenancy Tribunal dismissed the application for want of prosecution as neither the tenant nor the landlord attended the scheduled hearing.
📚 Full judgment Official document
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[2025] NZTT 5154151
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted] [NAME]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
The application is dismissed for want of prosecution.
Reasons:
1. Neither party attended the hearing at 9:30am as scheduled.
2. The time now being 10:10am, the application is dismissed.
R Kee
07 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
- Neither party attended the hearing as scheduled.
- The time reached 10:10am without either party showing up.
- The application was dismissed due to lack of attendance from both parties.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the application for want of prosecution.
What was the dispute about?
The dispute was about a tenancy issue, but the specifics are unknown as the parties did not attend the hearing.
How did the court decide, and why?
The court decided to dismiss the application because neither party attended the scheduled hearing, which is considered a lack of prosecution.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The fact that neither party attended the hearing was the critical factor in the decision.
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 evidence or documents that were presented.