Tenant's Application Dismissed for Non-Attendance at Tenancy Tribunal Hearing
📌 In brief
In this Tenancy Tribunal case, the tenant's application was dismissed because they did not show up for the scheduled hearing. The tenant was required to attend the hearing, request an adjournment, or notify the Tribunal if the matter had been settled, according to the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's application is dismissed for non-attendance under section 78(1)(i) and 92(1) of the Residential Tenancies Act 1, as seen in this case.
📖 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 premises, or ordering a party to deliver specific items.
This rule states that if a party is properly notified of 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 present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The application was dismissed due to the tenant's non-attendance at the scheduled hearing time.
📜 Headnote Official document
In a Tenancy Tribunal case, the claimant's application was dismissed due to non-attendance at the scheduled hearing. The claimant failed to attend, request an adjournment, or notify the Tribunal of a settlement, as per sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5486689 1
[2026] NZTT 5486689
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE], [NAME]
ORDER
1. The application is dismissed for non-attendance.
Reasons:
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.
3. The other party did not attend the hearing.
M Manhire
18 June 2026
__________________________________________________________________________________ 5486689 2
__________________________________________________________________________________ 5486689 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, or the failure to make an order, where the amount in dispute on appeal is
less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the
work in dispute on appeal is 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/
__________________________________________________________________________________ 5486689 4
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 hearing as required.
❌ Tends to be rejected
- The tenant did not request an adjournment before the hearing.
- The tenant did not notify the Tribunal that the matter had been settled.
- The other party (landlord) also did not attend the hearing, but this did not affect the dismissal of the tenant's application.
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 scheduled hearing.
What was the dispute about?
The dispute was about whether the tenant's application should be dismissed for failing to attend the hearing.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not attend the hearing, request an adjournment, or notify the Tribunal of a settlement.
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 as required by the Residential Tenancies Act 1986.
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 attend all scheduled hearings or follow the proper procedures if they cannot attend.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered in this case.