Tenant's Application Dismissed for Lack of Prosecution
📌 In brief
The Tenancy Tribunal dismissed the tenant's application because neither the tenant nor the landlord showed up for the hearing and did not contact the Tribunal to ask for a delay.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend the hearing without seeking an adjournment.
📖 Technical summary
The application was dismissed due to lack of prosecution.
📜 Headnote Official document
In this case, the Tenancy Tribunal dismissed the tenant's application for lack of prosecution as neither party attended the scheduled hearing and failed to contact the Tribunal to seek an adjournment.
📚 Full judgment Official document
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[2025] NZTT 4891927
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Room R16, [ADDRESS], [POSTCODE], [COMPANY]
ORDER
The application is dismissed.
Reasons:
1. This matter was scheduled for hearing before me today.
2. Neither party attended the hearing nor contacted the Tribunal to seek an adjournment, advise they had settled the matter, or indeed anything else.
3. The application is dismissed for want of prosecution.
[NAME]
06 May 2025
__________________________________________________________________________________ 4891927 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/
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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:
❓ Frequently asked questions
What did this decision decide?
The tenant's application was dismissed for lack of prosecution.
What was the dispute about?
The dispute was about the tenant's application which was scheduled for a hearing but neither party attended.
How did the court decide, and why?
The court decided to dismiss the application because both parties failed to attend the hearing and did not contact the Tribunal to seek an adjournment.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The most important argument was that the tenant and landlord did not attend the hearing and did not seek an adjournment.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case, the tenant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend all scheduled hearings or contact the Tribunal if they cannot attend.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.