Tenancy Tribunal Rejects Tenant’s Rehearing Application
📌 In brief
A tenant applied for a rehearing after losing an initial case at the Tenancy Tribunal but failed to provide new medical evidence or prove any procedural mistakes that would justify a rehearing under New Zealand law.
⚖️ Legal holding
A tenant is not entitled to a rehearing if they cannot show new evidence or procedural errors that would constitute a substantial wrong or miscarriage of justice.
📖 What the law says
This rule allows the Tenancy Tribunal to order a rehearing of a case if a significant mistake or unfair outcome has happened, or is likely to happen. An application for a rehearing must be submitted to the Tribunal within 5 working days of the decision, though the Tribunal can allow more time. The Tribunal must also send a copy of the application to the other party involved in the case.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal dismissed a tenant's application for rehearing due to insufficient evidence of long-term harm.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for rehearing, finding insufficient evidence to establish long-term harm or procedural errors. The decision was based on the Residential Tenancies Act 1986.
📚 Full judgment Official document
OUTCOME: Dismissed
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[2026] NZTT 5320023
TENANCY TRIBUNAL AT WAITAKERE | TE TARAIPIUNARA RETIHANGA KI WAITĀKERE
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Room 67, [ADDRESS], [POSTCODE], [ADDRESS]
ORDER
1. The application for rehearing is dismissed.
Reasons:
1. Both parties attended the hearing held on 8 June 2026 by video. The tenant had the assistance of a mandarin interpreter.
2. On 12 December 2025 the Tribunal made an order for compensation in favour of the tenant.
3. On 12 December 2025, [APPELLANT] applied for a rehearing on the grounds that the Tribunal placed incorrect weight on the medical evidence and concluded there was insufficient evidence to determine long term harm.
4. Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.
5. Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A
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rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.
6. The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.
Has a substantial wrong or miscarriage of justice occurred?
7. For the following reasons [APPELLANT] has failed to establish the grounds for a rehearing.
8. The tenant said that he did not agree with the Tribunal decision because he thinks that either the Tribunal did not have all the evidence or did not take it into account. When asked about the specific evidence he said it was the photographs of his peeling skin which was very serious and painful, that he was exhausted physically and mentally, and that he was fearful that he had suffered radiation damage. He said that the evidence of him having money from his family was the reason why he was not awarded compensation for harm and damage.
9. The tenant wants reasonable compensation for physical and psychological damage that he suffered rather than just the medical costs.
10. Prior to the hearing held on 12 December 2025 the tenant had not consulted with specialists (optometrist/ophthalmologist and dermatologist) as recommended by his medical practitioner. It was due to this that the Tribunal was unable to determine any long-term harm to the tenant.
11. At the hearing held on 8 June 2026 the tenant did not produce any new medical evidence. He said that he had tried to get an appointment to see a specialist before the hearing in December 2025, but they were fully booked and at the time he did not have the money to do so. He said that later his family sent him money, but he still did not consult the specialists.
12. The tenant said that he saw a specialist in China but no evidence of this was produced. He said that his skin is now OK, but his eyesight has deteriorated. Without independent evidence the Tribunal is not able to take this into account.
13. The Tribunal has dealt with the application for compensation and made an award based on the evidence produced. There is no evidence of any long-term effect on the tenant’s health due to exposure to UV light.
14. The tenant’s application for rehearing is dismissed.
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[NAME]
08 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:
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Repair Costs
- Tenancy Tribunal Tenant Ordered to Pay Landlord $839.79 for Rent Arrears and Costs
- Tenancy Tribunal Tenant Successfully Claims Bond Refund from Landlord
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- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Return Bond
- Tenancy Tribunal Tenant Must Pay Rent Arrears or Face Immediate Termination
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 cannot obtain a rehearing merely because they disagree with the decision.
- The tenant has not shown procedural unfairness or new compelling evidence to warrant a rehearing.
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 a rehearing.
Who was involved?
A tenant and their landlord were involved in a dispute over compensation for harm and damage.
How did the court decide, and why?
The court decided that there was no new evidence or procedural errors to warrant a rehearing.
Which laws or rules were applied?
Section 105(1) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The tenant argued that there was insufficient evidence to determine long-term harm, but this did not meet the criteria for a rehearing.
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?
Someone seeking a rehearing must provide new evidence or prove procedural errors that constitute a substantial wrong or miscarriage of justice.
What evidence or documents mattered?
Medical evidence and proof of attempts to consult specialists were relevant but insufficient.
Can a decision like this be appealed?
Yes, both parties can appeal the decision within 10 working days at the District Court.
Is it worth getting a lawyer for a case like this?
It is advisable to seek legal advice from a qualified lawyer for such cases.