Tenancy Tribunal Vacates Hearing Date Due to Property Sale
📌 In brief
The Tenancy Tribunal decided to cancel the hearing date because the property involved in the case was under contract for sale. The case file was kept open until 31 August 2025.
⚖️ Legal holding
The Tenancy Tribunal can vacate a hearing date and extend the period for which a file remains open if there is a valid reason provided by the parties involved.
📖 Technical summary
The Tenancy Tribunal vacated the hearing date and allowed the file to remain open until 31 August 2025.
📜 Headnote Official document
In this case, the Tenancy Tribunal vacated the scheduled hearing date due to the property being under contract for sale. The file was allowed to remain open until 31 August 2025.
📚 Full judgment Official document
__________________________________________________________________________________ 9056604 1
[2025] NZTT 9056604
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted] Owner of a principal unit
RESPONDENT: [redacted] Body corporate
UNIT ADDRESS: Unit 5a, 163 Broadway, Newmarket, Auckland 1023
ORDER
This file is to be closed at the end of 31 August 2025 unless the applicant applies for it to be set down for hearing.
Reasons:
1. This matter has been set down for a hearing before me on 24 July 2025.
2. On 9 May 2025, the applicant has asked the Tribunal to vacate the hearing date and to leave the file open until late December:
We would like to request that the case be placed on hold, as the property is tentatively under contract for sale. If the sale goes through, the case may need to be dismissed. However, if the sale does not proceed, I would like the option to reactivate the case.
I hope this makes sense? Please let me know what you think is best.
3. I am going to vacate the hearing date. It is not appropriate to leave the file open to late December. However, I am prepared to allow it to remain open until 31 August 2025. The applicant may apply to have the matter set down up unit that date, after which date the file will be closed.
__________________________________________________________________________________ 9056604 2
[NAME] 05 May 2025
__________________________________________________________________________________ 9056604 3
Please read carefully:
SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].
MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [PHONE].
AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY] [PHONE].
Rehearings:
You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.
The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).
Right of Appeal:
If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.
However, you may not appeal to the District Court:
1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the
amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work
that would be in dispute on appeal is less than $1,000.
There is a $200.00 filing fee payable at the time of filing the appeal.
Enforcement:
Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.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.
http://www.justice.govt.nz/fines/civil-debt
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Tribunal agreed to vacate the hearing date due to the potential sale of the property.
- The Tribunal allowed the file to remain open until 31 August 2025 to give the applicant an opportunity to reactivate the case if needed.
❌ Tends to be rejected
- The request to keep the file open until late December was denied by the Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal vacated the hearing date and allowed the file to remain open until 31 August 2025.
What was the dispute about?
The dispute was about whether to vacate the hearing date due to the property being tentatively under contract for sale.
How did the court decide, and why?
The court decided to vacate the hearing date but only allowed the file to remain open until 31 August 2025, considering the reasons given by the parties.
Which laws or rules were applied?
No specific laws or rules were applied in this decision.
What was the argument that mattered most?
The argument that mattered most was the possibility that the sale might go through, requiring the case to be dismissed.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, allowing the file to remain open until 31 August 2025.
What does this mean for someone in a similar situation?
Someone in a similar situation can request the Tribunal to vacate a hearing date if their property is under contract for sale.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.