Tenancy Tribunal Dismisses Landlord’s Application Due to Non-Compliance
📌 In brief
In this case, the Tenancy Tribunal dismissed the landlord’s application because they did not follow the court’s instructions or show up at the scheduled hearing. This highlights the importance of adhering to court procedures in tenancy disputes.
⚖️ Legal holding
A landlord’s application for termination or possession of a tenancy is dismissed if the party fails to attend the hearing as directed by the Tribunal.
📖 What the law says
This section allows the Tenancy Tribunal to make various orders, including declaring rights or obligations, ordering a party to give up possession of premises, or ordering a party to pay money.
This section states that if a party is properly notified of a hearing but does not attend, the Tribunal can still hear and decide the case, or it can dismiss or postpone the matter without that party being present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application for termination and possession was dismissed due to non-compliance.
📜 Headnote Official document
The Tenancy Tribunal dismissed the claimant's application for termination and possession of a tenancy due to non-compliance with case management directions and failure to attend the hearing as directed.
📚 Full judgment Official document
OUTCOME: Dismissed
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[2026] NZTT 5492849
TENANCY TRIBUNAL AT NEW PLYMOUTH | TE TARAIPIUNARA RETIHANGA KI NGĀMOTU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. The landlord has applied for termination and possession of the tenancy or alternatively possession based on a notice.
2. Following an earlier hearing, that only the landlord attended, an earlier order of the Tribunal determined that a residential tenancy was in place between the parties and made orders case managing this matter for today’s face to face hearing.
3. Neither the applicant nor the respondent attended 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.
4. The landlord has not responded to the case management directions set out in the earlier order. The Tribunal sent a reminder of these directions on 28 May 2026 by email and there has been no response to that message either.
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5. The Tribunal waited over 45 minutes beyond the scheduled start time for this hearing. Neither party contacted the Tribunal during this time nor arrived at the Tribunal to take part in the hearing.
6. The landlord’s application is therefore dismissed.
[RESPONDENT]
02 June 2026
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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, 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 [NAME] 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Claimant Awarded Rent Arrears by Tenancy Tribunal
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Cleaning Costs
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Filing Fee
- Tenancy Tribunal Tenant's Tenancy Terminated for Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Conditional Termination Order Allows Tenant to Stay
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
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
- The party fails to attend the hearing as directed by the Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's application for termination and possession was dismissed.
Who was involved?
A landlord and tenants were involved in a dispute over the termination of a residential tenancy agreement.
How did the court decide, and why?
The Tribunal decided against the landlord because they failed to attend the hearing as directed by the case management order.
Which laws or rules were applied?
Sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986 were cited in the decision.
What was the argument that mattered most?
The central reasoning was based on the failure to comply with case management directions and attend the hearing.
Was the decision for or against the person who brought the case?
The decision was against the claimant (the landlord).
What does this mean for someone in a similar situation?
If you are involved in a tenancy dispute, it is crucial to follow all court instructions and attend scheduled hearings.
What evidence or documents mattered?
No specific evidence was mentioned as the decision focused on procedural compliance.
Can a decision like this be appealed?
Yes, parties can apply for rehearing or appeal within specified timeframes if they believe there has been a miscarriage of justice.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer to understand your rights and options.