Tenant Loses Case for Not Attending Hearing
📌 In brief
In a recent Tenancy Tribunal case, a tenant's claims were dismissed because they did not show up for their scheduled hearing. The Tribunal waited 15 minutes but the tenant still did not arrive, resulting in the dismissal of their case under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's claims are dismissed for want of prosecution if they fail to attend the hearing.
📖 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.
If a party is properly notified of a hearing but does not show up, the 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 failure to attend the hearing.
📜 Headnote Official document
In a Tenancy Tribunal hearing, the claimant's application was dismissed for want of prosecution after they failed to attend the scheduled hearing. The Tribunal stood the matter down for 15 minutes but the claimant did not attend, leading to the dismissal under sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5055114 1
[2025] NZTT 5055114
TENANCY TRIBUNAL - Wellington | Te Whanganui-a-Tara
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. The landlord attended the hearing.
2. The applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled. I stood the matter down for 15 minutes to allow for late attendance, however [NAME] did not attend the hearing.
3. Accordingly, the claims are dismissed for want of prosecution. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
[NAME]
17 February 2025
__________________________________________________________________________________ 5055114 2
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 for the payment of less than $1000 • a final order to undertake work worth 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/
__________________________________________________________________________________ 5055114 3
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 attended the hearing as required.
❌ Tends to be rejected
- The tenant did not attend the hearing at the scheduled time.
- The tenant did not request an adjournment when they could not attend.
- The tenant did not notify the Tribunal that the matter had been settled.
- The tenant did not show up even after the Tribunal waited for 15 minutes.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's application was dismissed for want of prosecution.
What was the dispute about?
The dispute was about the claimant's claims against the landlord, which were dismissed due to the claimant's failure to attend the hearing.
How did the court decide, and why?
The court decided to dismiss the claims because the claimant did not attend the hearing, despite the Tribunal waiting 15 minutes for their arrival.
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 most important argument was that the claimant failed to attend the hearing, leading to the dismissal of their claims.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all scheduled hearings to avoid having their claims dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.