Tenancy Tribunal Dismisses Application Due to Non-Appearing Parties
📌 In brief
The Tenancy Tribunal dismissed an application because neither the tenant nor the landlord showed up for the hearing. Multiple attempts to contact both parties through video and phone calls were unsuccessful, leading to the dismissal of the case.
⚖️ Legal holding
Neither party attending the hearing results in the dismissal of the application.
📖 What the law says
This rule states that if a party is properly notified about a hearing but does not show up, the Tenancy Tribunal can still decide the case, dismiss it, or postpone it without that party being present. In this case, neither the tenant nor the landlord attended the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the application due to neither party attending the hearing.
📜 Headnote Official document
In the case [2025] NZTT 5082248, the Tenancy Tribunal dismissed the application due to neither the tenant nor the landlord attending the scheduled hearing. Both parties failed to respond to multiple attempts to connect via Teams video link and telephone calls.
📚 Full judgment Official document
__________________________________________________________________________________ 5082248 1
[2025] NZTT 5082248
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Neither party attended the hearing.
2. The tenant did not attend the hearing by Teams video link. Telephone calls were made to the tenant on the number provided at the allocated time. All calls went to voicemail.
3. The landlord did not attend the hearing by Teams video link. Telephone calls were made to each of the three different telephone numbers provided by the landlord. A total of five telephone calls were made. All calls went to voicemail. The landlord did not request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
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4. The application is dismissed.
S Young
01 April 2025
__________________________________________________________________________________ 5082248 3
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 did not attend the hearing by Teams video link.
- The landlord did not attend the hearing by Teams video link.
- Neither party requested an adjournment.
- Neither party notified the Tribunal that the matter had settled.
❌ Tends to be rejected
- Telephone calls were made to the tenant but all went to voicemail.
- Telephone calls were made to the landlord but all went to voicemail.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal dismissed the application because neither the tenant nor the landlord attended the hearing.
What was the dispute about?
The dispute was about a specific tenancy issue, but it was dismissed because neither party attended the hearing.
How did the court decide, and why?
The court decided to dismiss the application because both the tenant and landlord failed to attend the hearing despite multiple attempts to contact them.
Which laws or rules were applied?
Sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986 were applied.
What was the argument that mattered most?
The fact that neither party attended the hearing was the central reason for the dismissal.
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?
Someone in a similar situation should ensure they attend all hearings to avoid having their case dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.