Tenant's Application Dismissed for Not Attending Hearing
📌 In brief
The tenant's application was dismissed because they did not show up for the scheduled hearing and did not ask for the hearing to be postponed or inform the Tribunal that the matter had been resolved.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend a scheduled hearing without requesting an adjournment or notifying the settlement.
📖 What the law says
This section allows the Tenancy Tribunal to make various orders when dealing with a claim. These orders can 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.
If a party is properly notified about 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-appearance and lack of communication.
📜 Headnote Official document
In a Tenancy Tribunal case, the tenant's application was dismissed because they failed to attend a scheduled hearing via video conference and did not request an adjournment or notify the Tribunal of a settlement. The decision was made under sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
__________________________________________________________________________________ 5507041 1
[2026] NZTT 5507041
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
2. The hearing was scheduled to take place via video conference at 9.30am on 15 June 2026. Neither party joined the conference. Several attempts were made to contact the applicant by telephone. They were unsuccessful.
3. The applicant has not requested an adjournment, or notified the Tribunal the matter has settled.
4. The application is dismissed in accordance with sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
K Henry
15 June 2026
__________________________________________________________________________________ 5507041 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, 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/
__________________________________________________________________________________ 5507041 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 applicant could not be reached by telephone despite several attempts.
- The applicant did not ask for a delay or inform the Tribunal that the issue had been resolved.
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 and did not request an adjournment or notify the Tribunal of a settlement.
What was the dispute about?
The dispute was about the tenant's application which was scheduled to be heard at the Tenancy Tribunal.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not attend the scheduled hearing and did not 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 failed to attend the scheduled hearing and did not request an adjournment or notify the Tribunal of a settlement.
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?
For someone in a similar situation, it means that if they do not attend a scheduled hearing and do not request an adjournment or notify the Tribunal of a settlement, their application may be dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.