Application Returned Due to Ineffective Service
📌 In brief
The Tenancy Tribunal returned an application because the landlord failed to serve it properly. The landlord tried to contact the tenant but couldn't find them, leading to the application being sent back to Tenancy Services.
⚖️ Legal holding
Service of an application must be effective according to the Residential Tenancies Act 1986.
📖 Technical summary
The application was returned to Tenancy Services due to ineffective service.
📜 Headnote Official document
The Tenancy Tribunal returned an application due to ineffective service. The landlord attempted to serve the application but failed to do so effectively, as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 4885730
TENANCY TRIBUNAL - Remote Location
APPLICANT: [redacted]
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. The property manager and owner attended the hearing. An attempt was made to contact the tenant however this was unsuccessful.
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]
05 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 [NAME] 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 application must be served according to the Residential Tenancies Act 1986.
- The hearing cannot proceed without effective service.
❌ Tends to be rejected
- The application was filed more than two months after the end of the tenancy.
- The application was not served personally on the tenant or to someone over the age of 16 living at the tenant's current address.
- The application was not sent to an address provided by the tenant within two months before the application was made.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The application was returned to Tenancy Services because the service was ineffective.
What was the dispute about?
The dispute was about serving an application to a tenant who could not be located.
How did the court decide, and why?
The court decided to return the application because the landlord failed to serve it effectively as required by law.
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 landlord had made all reasonable efforts to serve the application effectively.
Was the decision for or against the person who brought the case?
The decision was against the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they make all reasonable efforts to serve the application effectively or seek alternative methods of service.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.