Claim Dismissed: Tenant Failed to Attend Hearing
📌 In brief
In this case, the tenant's application was dismissed because they did not attend the scheduled hearing as required by the Tenancy Tribunal rules. This highlights the importance of attending hearings in order to prove one’s claims.
⚖️ Legal holding
A tenant must attend a scheduled hearing to prove their claim.
📖 Technical summary
The claimant's application was dismissed for non-attendance.
📜 Headnote Official document
The claimant's application was dismissed by the Tenancy Tribunal at a remote location due to non-attendance. The respondent landlord attended but the claimant did not join the video or phone hearing, leading to dismissal.
📚 Full judgment Official document
OUTCOME: Dismissed
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[2026] NZTT 5411355
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. This matter was set down for hearing today at 2pm.
2. At 2pm neither party had joined the video hearing either by video or phone.
3. I called the applicant tenant twice on the phone number in the application, but all calls went to answer phone.
4. I then called the landlord. The landlord picked up the call and said that she was expecting the phone call.
5. I tried to call the tenant again on two more occasions, neither call was answered.
6. I left the meeting open until 2.20pm but the tenant did not attend.
7. As the tenant has not attended the hearing, then she has not proven her claim and the case is dismissed.
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[NAME]
03 June 2026
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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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fees in Tenancy Dispute
- Tenancy Tribunal Tenancy Tribunal Ends Lease for Unpaid Rent
- Tenancy Tribunal Tenants Ordered to Pay $2,186.94 for Rent Arrears and Costs
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Repair Costs After Rehearing
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Rejects Tenant’s Compensation Claim
- Tenancy Tribunal Tenancy Tribunal Dismisses Tenant’s Application Due to Non-Attendance
- Tenancy Tribunal Tenancy Tribunal Dismisses Landlord's Claim Due to Non-Attendance
- Tenancy Tribunal Tenancy Tribunal Rules Tenant Responsible for Kitchen Benchtop Repair Costs
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- The tenant did not attend a scheduled hearing.
- The tenant failed to provide evidence that they had attended previous hearings or reached settlements.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's application was dismissed due to non-attendance.
Who was involved?
A tenant and a landlord were involved.
How did the court decide, and why?
The court decided that since the tenant did not attend the hearing, they could not prove their claim.
Which laws or rules were applied?
No specific laws were cited; procedural rules of the Tenancy Tribunal apply.
What was the argument that mattered most?
The fact that the tenant failed to appear at the scheduled hearing was crucial.
Was the decision for or against the person who brought the case?
Against the claimant, as their application was dismissed.
What does this mean for someone in a similar situation?
Someone should ensure they attend all hearings to avoid having their claims dismissed.
What evidence or documents mattered?
No specific evidence or documents were mentioned; attendance at the hearing is key.
Can a decision like this be appealed?
Yes, but only if there was a substantial wrong or miscarriage of justice, such as not receiving notice of the hearing.
Is it worth getting a lawyer for a case like this?
It's advisable to seek legal advice from a qualified lawyer for specific guidance.