Tenant's Application Dismissed for Non-Attendance
📌 In brief
In this Tenancy Tribunal case, the tenant's application was dismissed because they failed to attend the scheduled hearing or inform the Tribunal that the matter had been resolved. This decision was made according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant must attend the hearing or notify the Tribunal of a settlement 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 rights or obligations, ordering possession of premises, or ordering the delivery of specific items.
If a party has been properly notified of a hearing but does not show up, the Tribunal has the power to proceed with the case, dismiss it, or postpone it without that party being 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 or notify the Tribunal of a settlement.
📜 Headnote Official document
In a Tenancy Tribunal case, the claimant's application was dismissed due to the tenant's failure to attend the hearing or notify the Tribunal of a settlement. The decision was based on the Residential Tenancies Act 1986, sections 78(1)(i) and 92(1).
📚 Full judgment Official document
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[2025] NZTT 5108129
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] Walsh / [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Two attempts were made to contact the landlord on the updated telephone number provided. On both occasions the telephone call went unanswered to voicemail.
2. 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.
M Manhire
28 February 2025
__________________________________________________________________________________ 5108129 2
__________________________________________________________________________________ 5108129 3
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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord could not be reached by phone despite two attempts.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's application was dismissed because they did not attend the hearing or notify the Tribunal of a settlement.
What was the dispute about?
The dispute was about the tenant's failure to attend the scheduled hearing or inform the Tribunal that the matter had been resolved.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not follow the required procedures under the Residential Tenancies Act 1986.
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 tenant did not attend the hearing or notify the Tribunal of a settlement.
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 the hearing or notify the Tribunal if the matter has been resolved.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.