Tenant Loses Application Due to Non-Attendance
📌 In brief
The Tenancy Tribunal dismissed the tenant's application because they did not show up for the hearing and did not follow the directions given earlier. The tenant asked for more time but did not provide proof that they needed it.
⚖️ Legal holding
A tenant must comply with the directions given by the Tenancy Tribunal to avoid having their application dismissed.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring the status of premises or agreements, ordering a party to give possession of premises, or ordering a party to deliver specific items.
If a party is properly notified of a hearing but does not show up, the Tenancy Tribunal has the power to proceed with the hearing and make a decision, or to dismiss or postpone the case without that party present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application was dismissed due to non-attendance and failure to comply with directions.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application due to non-attendance at the hearing and failure to comply with previous directions. The tenant had requested an adjournment but failed to provide evidence supporting the request.
📚 Full judgment Official document
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[2026] NZTT 5433608
TENANCY TRIBUNAL AT CHRISTCHURCH | TE TARAIPIUNARA RETIHANGA KI ŌTAUTAHI
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. A representative of the Landlord attended the hearing today. The tenants (applicants) did not attend.
2. I made directions following a Case Management Conference in March. The direction order clearly set out what was required from both parties before the hearing. The Tribunal also scheduled the hearing to accommodate the tenants’ needs and availability.
3. There is a note on the Tribunal file recording that the tenant called on 11 June requesting an adjournment on the basis that she was unable to obtain evidence from the bank because of an issue with her vehicle. The evidence was due to be provided to the Tribunal on 12 June (in accordance with the directions made on 31 March 2026). The tenant could and should have obtained documents from the bank evidence before 11 June. Further, she provided no evidence to show she was unable to access the bank documents, or that there was an issue with her vehicle. The adjournment request was declined.
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4. The applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
5. The application is dismissed.
R Morgan
17 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 landlord's representative attended the hearing as scheduled.
- The Tribunal's directions for the hearing were clearly communicated to both parties.
- The hearing was scheduled to accommodate the tenants' availability.
- The tenant failed to provide evidence to support her claim of being unable to access bank documents due to a vehicle issue.
- The tenant did not attend the scheduled hearing, request an adjournment, or notify the Tribunal of a settlement.
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 because they did not attend the hearing and did not follow the directions given earlier.
What was the dispute about?
The dispute was about whether the tenant should be allowed to present their case at the hearing after failing to comply with previous directions.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not attend the hearing and did not provide evidence showing they were unable to comply with the directions.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 78(1)(i) and 92(1) were applied.
What was the argument that mattered most?
The most important argument was that the tenant did not attend the hearing and did not provide evidence showing they were unable to comply with the directions.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all hearings and comply with all directions given by the Tenancy Tribunal.
What evidence or documents mattered?
The evidence that mattered was the tenant's failure to provide documents from the bank as directed and their failure to attend the hearing.