Application Returned Due to Ineffective Service
📌 In brief
The Tenancy Tribunal returned an application because it wasn't served properly. The application needs to be delivered either directly to the tenant, to someone over 16 living at the tenant's address, or by mail to an address given by the tenant within two months of filing the application.
⚖️ Legal holding
A tenant's application must be served according to the Residential Tenancies Act 1986.
📖 Technical summary
The claimant's application was returned to Tenancy Services due to ineffective service.
📜 Headnote Official document
The Tenancy Tribunal returned an application to Tenancy Services due to ineffective service. The application must be served either personally, to someone over 16 years old living at the tenant's address, or by post to an address provided by the tenant within two months before the application was made.
📚 Full judgment Official document
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[2025] NZTT 5067908
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted] Agent For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The landlord is to provide the Tribunal with a current service address for the tenant.
2. The application is returned to Tenancy Services for further service.
3. If a service address for the tenant cannot be provided, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means or that service be dispensed with.
Reasons:
1. Both parties attended the hearing.
2. The application was filed more than two months after the end of the tenancy so the usual service rules no longer apply.
3. The application must be served either personally on the tenant, on someone over the age of 16 living at address where the tenant now lives, or by post to an address provided by the tenant within two months before the application was made. See section 91A(2) Residential Tenancies Act 1986.
4. The application has not been served in accordance with these requirements.
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5. The hearing cannot proceed until effective service has taken place.
6. If the landlord cannot locate the tenant, despite making all reasonable efforts to do so, the landlord may apply to the Tribunal for a direction that the application is to be served by some other means likely to bring it to the tenant’s notice. Alternatively, the landlord may apply to the Tribunal for a direction that service be dispensed with. See section 91B Residential Tenancies Act 1986.
[NAME]
04 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 landlord can apply to the Tribunal for alternative service methods if they cannot find the tenant.
- The landlord can request the Tribunal to waive service if they have made all reasonable efforts to locate the tenant.
❌ Tends to be rejected
- The application was not served according to the Residential Tenancies Act 1986.
- The application was filed more than two months after the end of the tenancy, making the usual service rules inapplicable.
- The application was not served personally on the tenant or through an address provided by the tenant within two months of filing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal returned the application to Tenancy Services because it wasn't served properly.
What was the dispute about?
The dispute was about whether the landlord had followed the correct procedures for serving the application to the tenant.
How did the court decide, and why?
The court decided to return the application because it hadn't been served according to the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 91A(2) and 91B were applied.
What was the argument that mattered most?
The argument that mattered most was whether the application had been served according to the law.
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 returned due to ineffective service.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their application is served correctly to avoid having it returned.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.