Tenant's Application Dismissed for Non-Attendance at Hearing
📌 In brief
The Tenancy Tribunal dismissed the tenant's application because the landlord did not show up for the hearing and the tenant did not provide proper notice or request an adjournment.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend the hearing or provide adequate notice.
📖 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 up possession of property, or ordering a party to deliver 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 the case, or to postpone it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application was dismissed due to non-compliance with procedural requirements.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application due to two failed attempts to contact the landlord and the landlord's absence at the hearing without requesting an adjournment or notifying the Tribunal of a settlement.
📚 Full judgment Official document
__________________________________________________________________________________ 5056628 1
[2025] NZTT 5056628
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE], [NAME]
ORDER
1. The application is dismissed.
Reasons:
1. Two attempts were made to contact the applicant landlord on the telephone number provided with the application. On both occasions the telephone call went 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.
[NAME]
07 March 2025
__________________________________________________________________________________ 5056628 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/
__________________________________________________________________________________ 5056628 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 tenant did not attend the scheduled hearing.
❌ Tends to be rejected
- The landlord attempted to contact the tenant via phone but only reached voicemail.
- The tenant did not request an adjournment or notify the tribunal that the matter had settled.
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 the landlord did not attend the hearing and the tenant did not provide proper notice or request an adjournment.
What was the dispute about?
The dispute was about a tenant's application to the Tenancy Tribunal which required the landlord's attendance and proper notice procedures.
How did the court decide, and why?
The court decided to dismiss the application because the landlord did not attend the hearing and the tenant did not follow the necessary procedures for notification or adjournment.
Which laws or rules were applied?
The Residential Tenancies Act 1, sections 78(1)(i) and 92(1) were applied.
What was the argument that mattered most?
The argument that mattered most was the failure to comply with the procedural requirements for attending the hearing and providing proper notice.
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 follow all procedural requirements for hearings, including proper notification and attendance.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.