Tenancy Tribunal Dismisses Case Due to Contact Issues
📌 In brief
The Tenancy Tribunal dismissed the case because they couldn't reach the tenant or the landlord. This highlights the importance of providing accurate contact information when filing applications.
⚖️ Legal holding
A tenant or landlord's application may be dismissed if the Tribunal cannot contact the parties involved.
📖 Technical summary
The Tenancy Tribunal dismissed the application due to inability to contact either party.
📜 Headnote Official document
In a case before the Tenancy Tribunal, the application was dismissed due to the inability to contact both the tenant and the landlord through the numbers provided in the application.
📚 Full judgment Official document
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[2025] NZTT 5135728
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. This matter was scheduled for hearing by teleconference today.
2. Two calls were made to each of the landlord’s representatives noted with the application. None were answered. I was not able to access a representative though the landlord’s 0800 number.
3. The tenant was not able to be contacted on the number specified in the application.
B King
19 May 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 Tribunal could not contact the landlord's representatives.
- The Tribunal could not reach the tenant on the specified number.
- The application was dismissed due to inability to contact both parties.
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 they could not contact either the tenant or the landlord.
What was the dispute about?
The dispute was about a landlord's application which could not proceed due to the inability to contact the tenant.
How did the court decide, and why?
The court decided to dismiss the application because they were unable to contact the parties involved, despite multiple attempts.
Which laws or rules were applied?
No specific laws or rules were applied since the decision was based on procedural issues.
What was the argument that mattered most?
The inability to contact the parties was the central issue that led to the dismissal of the application.
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, it means ensuring that accurate contact information is provided to avoid having their case dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were crucial to the decision.