Tenancy Tribunal Rejects Tenant’s Request for Rehearing
📌 In brief
A tenant requested a rehearing from the Tenancy Tribunal after being ordered to compensate another tenant for damage caused by a UV lightbulb. The Tribunal dismissed this request because it found that the original decision was based on accepted evidence and there were no substantial wrongs or miscarriages of justice.
⚖️ Legal holding
A tenant is not entitled to a rehearing if there is no substantial wrong or miscarriage of justice, and the original decision was based on accepted evidence.
📖 Technical summary
The Tribunal dismissed a tenant's application for rehearing due to lack of evidence and compliance issues.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for rehearing, finding that the original decision was based on accepted evidence and there were no substantial wrongs or miscarriages of justice.
📚 Full judgment Official document
OUTCOME: Dismissed
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[2026] NZTT 5376781
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [ADDRESS]
1. The application for rehearing is dismissed.
Reasons:
1. Both parties attended the hearing held remotely on 19 May 2026.
2. The tenant was represented by his mother, [APPELLANT].
3. The Tribunal made an order for compensation on 12 December 2025.
4. The tenant applied for a rehearing on 12 December 2025 and a rehearing consideration hearing was held on 19 May 2026.
5. The tenant sought the rehearing because he did not receive the boarding house rules and because there was no scientific evidence that the UV lightbulb had caused any harm to the next tenant.
6. The order dated 12 December 2025 refers to the boarding house rules produced by the landlord at the hearing. The tenant says that he did not receive a copy of the rules.
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7. The landlord is required to provide the tenant with a copy of the boarding house rules1. In this situation failure to provide the rules to the tenant means that the rule to require tenants to replace light bulbs may not be enforceable against this tenant.
8. The tenant replaced the lightbulb even If he says that he was not aware of the rule requiring him to do so. Not knowing the rule did not affect the tenant in replacing the lightbulb but the only part of the rule he would not have been aware of was that the bulbs were to be replaced with energy-saving light bulbs.
9. The landlord not providing the tenant with the rules does not affect the fact that the tenant changed the light bulb with a UV light bulb.
10. The other issue raised by the tenant was that there was no scientific evidence that the next tenant was harmed by the UV lightbulb.
11. The compensation order made against the landlord in relation to the next tenancy related to harm caused by the UV lightbulb. The Tribunal accepted the evidence from that tenant and awarded $223.00. That order was in separate proceedings, but the compensation was due to the actions of this tenant.
12. It is not necessary for there to be scientific evidence of harm. What is relevant is that the Tribunal accepted the evidence submitted in that hearing and awarded the compensation. The Tribunal found that it was reasonable that this tenant be responsible for the actual cost incurred by the landlord because it was due to the tenant’s actions.
13. For the above reasons the tenant has not succeeded with his application for a rehearing.
[NAME]
29 May 2026
1 Section 66H(1)(a) Residential Tenancies Act 1986
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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 Tenant Ordered to Vacate Due to Rent Arrears
- Tenancy Tribunal Tenancy Tribunal Terminates Tenancy for Rent Arrears
- Tenancy Tribunal Tenancy Terminated Due to Rent Arrears: Tenant Ordered to Pay Over $7,000
- Tenancy Tribunal Tenancy Tribunal Orders Tenant to Pay Compensation for End-of-Lease Obligat…
- Tenancy Tribunal Tenant Ordered to Pay Rent Arrears and Rubbish Removal Costs
- Tenancy Tribunal Tenant Ordered to Pay Landlord $2,627 in Rent Arrears and Damage Costs
- Tenancy Tribunal Tenancy Tribunal Allows Landlord to Recover Rent and End Tenancy
- Tenancy Tribunal Tenancy Terminated: Tenant Ordered to Pay Rent Arrears
- Tenancy Tribunal Tenants Ordered to Pay Rent Arrears and Filing Fee
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- A tenant is required to pay rent arrears and reimburse filing fees when proven in court.
- A landlord is entitled to terminate a tenancy and recover rent arrears when the tenant has stopped paying rent and abandoned the property.
- A tenant must pay rent on time or risk termination of their lease under the Residential Tenancies Act 1986.
- A tenant's tenancy can be terminated if there are significant rent arrears exceeding 21 days when the application is filed.
- A tenant is entitled to have their tenancy terminated if they are at least 21 days in arrears on the date an application for termination is filed.
❌ Tends to be rejected
- A landlord cannot obtain an order for rent arrears if the amount in dispute has been significantly reduced or the application is withdrawn.
- A dispute between a tenant and a building manager does not fall within the jurisdiction of the Tenancy Tribunal under the Residential Tenancies Act 1986.
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, with the tenant represented by their mother.
How did the court decide, and why?
The Tribunal decided that there were no substantial wrongs or miscarriages of justice to warrant a rehearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986 was cited as relevant legislation.
What was the argument that mattered most?
The lack of scientific evidence and compliance with boarding house rules were key arguments.
Was the decision for or against the person who brought the case?
Against the tenant, dismissing their application.
What does this mean for someone in a similar situation?
Someone seeking a rehearing must show substantial wrongs or miscarriages of justice and accepted evidence.
What evidence or documents mattered?
The boarding house rules and evidence from another tenant were important.
Can a decision like this be appealed?
Yes, but 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 for such cases.