Tenant's Application Dismissed for Not Responding to Tribunal
📌 In brief
The Tenancy Tribunal dismissed the tenant's application because the tenant did not respond to the Tribunal's attempts to contact them. This decision was made under sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant's application is dismissed if they fail to respond to the Tribunal's attempts to contact them.
📖 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 possession of premises, or ordering a party to deliver specific items.
If a party has been properly notified of a hearing but does not show up, the Tribunal can still hear and decide the case, or it can 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 lack of response.
📜 Headnote Official document
The Tenancy Tribunal dismissed the tenant's application after attempting to contact the tenant three times without success. The dismissal 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 5173041
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 applicant was telephoned three times but did not answer. The Tribunal file records that the landlord wished to withdraw her application but no further action was taken.
3. The landlord’s application is dismissed. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
[NAME]
17 March 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 Tribunal attempted to contact the tenant multiple times but received no response.
- The landlord wished to withdraw her application due to the tenant's non-response.
❌ Tends to be rejected
- The tenant did not answer the Tribunal's calls, leading to the dismissal of the application.
- No further action was taken by the tenant after the Tribunal recorded the landlord's wish to withdraw the application.
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 because the tenant did not respond to the Tribunal's attempts to contact them.
What was the dispute about?
The dispute was about whether the tenant's application should be dismissed due to their failure to respond to the Tribunal.
How did the court decide, and why?
The court decided to dismiss the application because the tenant failed to respond to the Tribunal's attempts to contact them.
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 respond to the Tribunal's attempts to contact them.
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 respond to all attempts by the Tribunal to contact them.
What evidence or documents mattered?
The evidence that mattered was the record of the Tribunal's attempts to contact the tenant