Landlord Withdraws Application During Remote Hearing - Tenancy Tribunal
📌 In brief
During a remote hearing, the landlord decided to withdraw their application, which resulted in the dismissal of the case. The names and identifying details of both the landlord and tenant were kept secret.
⚖️ Legal holding
A landlord's application can be withdrawn during a hearing, resulting in its dismissal.
📖 Technical summary
The landlord withdrew the application during the hearing, leading to its dismissal.
📜 Headnote Official document
During a remote hearing, the landlord withdrew their application, leading to its dismissal. The names and identifying details of both the landlord and tenant were suppressed.
📚 Full judgment Official document
__________________________________________________________________________________ 5241873 1
[2025] NZTT 5241873
TENANCY TRIBUNAL AT [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s names and identifying details.
2. The application is dismissed.
Reasons:
1. The landlord attended this remote hearing. At the commencement of the hearing the landlord indicated that he wished to withdraw his application. The application is therefore dismissed.
2. There is no public interest in this matter and suppression of the landlord’s and tenant’s names and details is ordered.
[NAME] 05 June 2025
__________________________________________________________________________________ 5241873 2
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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord indicated they wanted to withdraw their application during the hearing.
- There was no public interest in the matter, allowing for the suppression of names and details.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision dismissed the landlord's application after they withdrew it during the hearing.
What was the dispute about?
The dispute was about a landlord's application, which was withdrawn during a remote hearing.
How did the court decide, and why?
The court dismissed the application because the landlord withdrew it during the hearing.
Which laws or rules were applied?
No specific laws or rules were mentioned in the decision.
What was the argument that mattered most?
The most important argument was the landlord's decision to withdraw the application during the hearing.
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, withdrawing an application during a hearing will likely lead to the dismissal of that application.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.
