Tenancy Tribunal Dismisses Tenant’s Application Due to Non-Attendance
📌 In brief
A tenant’s application was dismissed by the Tenancy Tribunal because they did not attend the scheduled hearing and there was no evidence of a previous hearing or settlement.
⚖️ Legal holding
A tenant's failure to attend a scheduled hearing results in the dismissal of their application if there is no evidence of a previous hearing or settlement.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering possession of premises, or ordering the delivery of specific items.
This rule allows the Tenancy Tribunal to proceed with a hearing, dismiss the case, or postpone it if a party does not show up after being properly notified. In this case, the tenant did not attend the scheduled hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed an application for non-attendance and possible prior resolution.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application after the tenant failed to attend a scheduled hearing. The landlord confirmed attending another hearing but no record exists, suggesting possible prior resolution.
📚 Full judgment Official document
OUTCOME: Dismissed
__________________________________________________________________________________ 5503598 1
[2026] NZTT 5503598
TENANCY TRIBUNAL AT HUTT VALLEY | TE TARAIPIUNARA RETIHANGA KI TE AWAKAIRANGI
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. The Tribunal orders suppression of the Tenant and Landlord names and identifying details.
2. The application is dismissed.
Reasons:
1. The application was set down for a video/telephone hearing on 4 June 2026. I am satisfied that a notice of hearing was served on both parties with instructions for joining the hearing by video or telephone. Neither party joined the hearing in this manner.
2. The Tribunal telephoned the [NAME] on the cell phone number she provided in her application, but the calls diverted to voicemail.
3. The Tribunal also telephoned the landlord who answered the call. He advised that the parties had already attended a hearing and resolved matters. He was certain that there had been a remote Tribunal hearing with an adjudicator.
4. There is no record of another hearing, or a mediation held for this application. A search of the applicant’s name also does not reveal another application number that may have been set down for hearing or mediated, but it is a possible explanation. Otherwise, I can only assume that the parties reached an agreement with the assistance of a third party.
__________________________________________________________________________________ 5503598 2
5. I asked Tenancy Services to message the [NAME] on 4 June 2026 and ask her whether she wished to withdraw this application. The applicant has not responded.
6. As the applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled, I dismiss the application. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
7. Given that the parties may have settled the matter, I consider that it is appropriate to suppress the names and identifying details of both parties, as there is no public interest in publication of their names.
[NAME] 08 June 2026
__________________________________________________________________________________ 5503598 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. 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].
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/
Reasons:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Damages
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Repair Costs After Rehearing
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Fees
- Tenancy Tribunal Landlord Wins Unpaid Rent Claim Against Absent Tenant
- Tenancy Tribunal Tenants Ordered to Pay $2,186.94 for Rent Arrears and Costs
- Tenancy Tribunal Tenancy Tribunal Ends Lease for Unpaid Rent
- Tenancy Tribunal Tenant’s Tenancy Terminated Due to Abandonment and Rent Arrears
- Tenancy Tribunal Tenant Must Tidy Lawns or Pay $1,000 - Tenancy Tribunal
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Arrears and Rates
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 tenant failed to attend a scheduled hearing.
- There was no evidence of previous hearings or settlements.
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 tenant's application for non-attendance at the scheduled hearing.
Who was involved?
A tenant and a landlord were involved in the dispute.
How did the court decide, and why?
The court decided to dismiss the case because the tenant did not attend the hearing as instructed and there was no evidence of prior resolution.
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 the scheduled hearing was the critical factor in the decision.
Was the decision for or against the person who brought the case?
The decision was against the tenant.
What does this mean for someone in a similar situation?
If you miss your scheduled Tenancy Tribunal hearing, your application may be dismissed unless there is evidence of prior resolution.
What evidence or documents mattered?
No specific evidence or documents were mentioned as critical to the decision.
Can a decision like this be appealed?
Yes, decisions can generally be appealed within 10 working days using the appropriate form.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for specific guidance on your situation.
