Hearing Dismissed Due to Improper Notification
📌 In brief
The Tenancy Tribunal dismissed the hearing because there wasn't enough proof that the tenant received proper notice of the hearing as required by law.
⚖️ Legal holding
A tenant must be properly notified according to the Residential Tenancies Act 1986 for a hearing to proceed.
📖 Technical summary
The hearing was dismissed due to insufficient proof that the tenant was properly notified.
📜 Headnote Official document
The Tenancy Tribunal dismissed the hearing due to insufficient proof that the tenant had been properly notified of the hearing according to the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5130848
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
2. This matter is determined as indicated by the order above, but Kāinga Ora– Homes And Community is granted a period of 28 days within which, they can request that the application be brought back before to the Tribunal with new evidence in respect of the respondent being served notice of and documents for the hearing, and the matter will be re-opened.
Reasons:
1. The applicant landlord attended the hearing which was held by teleconference. The tenant did not answer any of the four calls made to her at the scheduled time on the two numbers provided to the Tribunal.
2. It appears to me that the tenant has been “served” notice of today’s hearing by email with a reminder sms message.
3. On the tenancy agreement, the tenant has listed her physical street address as her address for service; she has not provided an email address as an address for service.
4. Because this is a straight-forward application for a monetary order, I invited the landlord to provide information orally that would prove the tenant knew that she
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was a party to a Tenancy Tribunal Hearing today at 12.15 pm. Unfortunately there was insufficient information available to prove this.
5. A respondent to a civil application has a right to attend any hearing and to provide a defence. To do this they must be aware of the hearing. For this to happen they must be served notice of the hearing in accordance with the Residential Tenancies Act, 1986. See section 91A(1) and (2).
6. Because I am not satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986, the hearing cannot take place.
C Lamdin
27 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
- The tenant had not provided an email address as an address for service.
- There was not enough information to prove the tenant knew about the hearing.
- The landlord can request the application be re-opened with new evidence about serving notice to the tenant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The hearing was dismissed because there was insufficient proof that the tenant was properly notified.
What was the dispute about?
The dispute was about whether the tenant received proper notice of the hearing.
How did the court decide, and why?
The court decided to dismiss the hearing because the landlord couldn't prove that the tenant was properly notified according to the law.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically sections 91A(1) and (2), were applied.
What was the argument that mattered most?
The argument that mattered most was whether the tenant had been properly notified of the hearing.
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?
For someone in a similar situation, ensuring proper notification of the tenant is crucial for the hearing to proceed.
What evidence or documents mattered?
The evidence that mattered was the lack of proof that the tenant was properly notified of the hearing.