Tenant's Application Dismissed for Not Attending Hearing
📌 In brief
The Tenancy Tribunal dismissed the tenant's application because they did not attend the scheduled hearing. The tenant had another 10 minutes to arrive, but they did not show up, leading to the dismissal of their case.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend the hearing.
📖 What the law says
This rule states that 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 or postpone the case 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.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application due to their failure to attend the scheduled hearing. The matter was stood down for 10 minutes to allow the tenant further time to attend, but they did not show up.
📚 Full judgment Official document
__________________________________________________________________________________ 5098848 1
[2025] NZTT 5098848
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
2. The application is dismissed.
Reasons:
1. The applicant did not attend the hearing at the scheduled time or request an adjournment. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986. The matter was stood down for 10 minutes to allow the tenant further time to attend. She did not do so.
2. The landlord attended the hearing.
3. This is the tenant’s application, as she has not attended then her case is not proven. The tenant’s application is dismissed.
T Prowse 14 February 2025
__________________________________________________________________________________ 5098848 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.
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].
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/
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord attended the hearing.
- The tribunal waited for 10 minutes to give the tenant more time to appear.
- The tenant's case was not proven because she did not attend the hearing.
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 the tenant's application for relief from the landlord, but the tenant did not attend the hearing.
How did the court decide, and why?
The court decided to dismiss the application because the tenant failed to attend the hearing, despite having extra time to arrive.
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, which led to the dismissal of their application.
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 the scheduled hearing to avoid having their application dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents