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DismissedTenancy Tribunal·

Tenancy Tribunal Dismisses Claim Due to Non-Compliance

Case No. [2026] NZTT 5429620 · Adjudicator R Morgan

📌 In brief

The Tenancy Tribunal dismissed the tenant's case because they missed an important meeting (Case Management Conference) without giving any notice. The Tribunal follows strict rules about attending these meetings and following their instructions.

⚖️ Legal holding

A tenant is required to attend scheduled Case Management Conferences and comply with Tribunal directions.

Topics

tenancy disputescase management conferences

Provisions

📖 What the law says

Residential Tenancies Act 1986 s.78

This section outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or agreements, ordering a party to give up possession of premises, or ordering a party to deliver specific items.

Residential Tenancies Act 1986 s.92

This rule states that if a party is properly notified of a hearing but does not show up, the Tribunal can still hear and decide the case, or it can dismiss or postpone the matter without that party being present. In this case, the application was dismissed because the claimant did not attend.

Plain-English explanation — does not replace advice from a lawyer.

📖 Technical summary

The claimant's application was dismissed for non-attendance at a Case Management Conference.

📜 Headnote Official document

The Tenancy Tribunal dismissed the claimant's application after they failed to attend a scheduled Case Management Conference and did not comply with previous directions from the Tribunal.

📚 Full judgment Official document

OUTCOME: Dismissed

__________________________________________________________________________________ 5429620 1

[2026] NZTT 5429620

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. A second Case Management Conference (CMC) was scheduled for hearing today.

2. Mr [RESPONDENT] attended the CMC. Ms [APPELLANT] did not attend. I called her mobile number, but she did not answer.

3. Ms [APPELLANT] did not attend a CMC on 16 March 2026. She did not comply with directions of the Tribunal following the first CMC.

__________________________________________________________________________________ 5429620 2

4. As the applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.

R Morgan

02 June 2026

__________________________________________________________________________________ 5429620 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, 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/

__________________________________________________________________________________ 5429620 4

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:

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

  • A tenant's failure to attend scheduled Case Management Conferences can result in dismissal.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

It decided to dismiss the claimant's application for not complying with the tribunal's directions.

Who was involved?

A tenant (the claimant) and a landlord were involved in a dispute over tenancy issues.

How did the court decide, and why?

The court decided to dismiss the case because the tenant missed an important meeting without giving notice or complying with previous instructions from the tribunal.

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 tenant's failure to attend a Case Management Conference and comply with previous directions from the tribunal was crucial.

Was the decision for or against the person who brought the case?

It was against the claimant, as their application was dismissed.

What does this mean for someone in a similar situation?

If you miss an important meeting with the Tenancy Tribunal and do not follow their instructions, your case may be dismissed.

What evidence or documents mattered?

No specific evidence or documents were mentioned as being crucial to the decision.

Can a decision like this be appealed?

Yes, but only if there was a substantial wrong or miscarriage of justice, such as missing important legal notices.

Is it worth getting a lawyer for a case like this?

It is always recommended to seek advice from a qualified lawyer for specific cases involving the Tenancy Tribunal.

Official source: Tenancy Tribunal headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Tenancy Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.