Tenancy Tribunal dismisses neighbour noise complaint
📌 In brief
The Tenancy Tribunal dismissed an application brought by a homeowner against neighbours due to excessive noise. The Tribunal ruled it could not hear disputes between neighbours over noise issues.
⚖️ Legal holding
The Tenancy Tribunal lacks jurisdiction over disputes involving neighbours and not tenants.
📖 Technical summary
The Tenancy Tribunal dismissed the application for lack of jurisdiction.
📜 Headnote Official document
The Tenancy Tribunal dismissed an application brought by a homeowner against neighbours due to excessive noise. The Tribunal found it lacked jurisdiction over such disputes.
📚 Full judgment Official document
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[2026] NZTT 5489409
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Both parties attended the hearing via remote video and telephone link.
2. There are no claims raised by the applicant which can lawfully be determined by this Tribunal.
3. There is no legal relationship between the applicant and the respondent in this case.
4. The case involves a homeowner (the applicant) who is unhappy with the neighbours located on the other side of a shared driveway.
5. The neighbouring house is tenanted and represented by a property manager ([NAME]).
6. The applicant has filed an application asking the Tribunal to take action against the neighbours due to their excessive noise.
7. As advised during the hearing this is an application which [NAME] (the respondent) would need to make. The respondent stated
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during the hearing that at this stage they do not have the required evidence to come to the Tribunal.
8. Accordingly, the application is dismissed for lack of jurisdiction.
[NAME]
15 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 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 determine the claims because there was no legal relationship between the homeowner and the property manager.
- The case involved a homeowner complaining about neighbours, not a tenant making a complaint.
- The property manager, as the respondent, did not have enough evidence to bring a case to the Tribunal themselves.
❌ Tends to be rejected
- The applicant's request for the Tribunal to take action against neighbours for excessive noise was rejected.
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 for lack of jurisdiction.
What was the dispute about?
The dispute was about excessive noise from neighbours.
How did the court decide, and why?
The court decided to dismiss the application because it lacks jurisdiction over disputes between neighbours.
Which laws or rules were applied?
No specific laws or rules were applied as the Tribunal lacks jurisdiction.
What was the argument that mattered most?
The argument that mattered most was that the Tribunal lacks jurisdiction over disputes between neighbours.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should consider other avenues for resolving neighbour disputes, as the Tenancy Tribunal does not have jurisdiction over such matters.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.