Tenant's Application Dismissed for Non-Attendance
📌 In brief
The Tenancy Tribunal dismissed the tenant's application because the tenant failed to show up for the hearing and did not inform the Tribunal that the matter had been resolved.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend the hearing or communicate with the Tribunal.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make. These include declaring rights or obligations, ordering someone to give up possession of a property, or ordering the delivery of specific items.
If a party is properly notified about a hearing but does not show up, the Tribunal can still proceed to hear and decide the case, or it can choose to dismiss or postpone the matter 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 non-attendance and lack of communication with the Tribunal.
📜 Headnote Official document
In a Tenancy Tribunal case, the claimant's application was dismissed due to their failure to attend the hearing and communicate with the Tribunal. The decision was based on sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5218892
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
2. The applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has been resolved. The application is dismissed in accordance with sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
3. The other party did not attend the hearing.
K Henry
22 May 2025
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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 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 applicant did not attend the hearing as required.
- The applicant did not request an adjournment.
- The applicant did not notify the Tribunal that the matter was resolved.
❌ Tends to be rejected
- The respondent (tenant) did not attend the hearing.
- The application was not withdrawn or resolved before the hearing.
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 due to non-attendance and lack of communication.
What was the dispute about?
The dispute was about resolving a tenancy issue between a landlord and a deceased tenant.
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 notify the Tribunal of any resolution.
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 the tenant's failure to attend the hearing and communicate with the Tribunal.
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 hearings and communicate with the Tribunal if the matter is resolved.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.