Tenant's Application Dismissed for Not Showing Up
📌 In brief
The claimant's application was dismissed because they didn't show up for the hearing and didn't ask for the hearing to be postponed. The judge tried contacting the landlord multiple times but got no response.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend the hearing and do not request an adjournment.
📖 What the law says
This rule states that if a party is properly notified of a hearing but does not show up, the Tribunal has the power to proceed with the case, dismiss it, or postpone it, even without that party being present. In this case, the application was dismissed because the tenant did not attend the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application was dismissed due to non-attendance and failure to request an adjournment.
📜 Headnote Official document
In a Tenancy Tribunal case, the claimant's application was dismissed due to non-attendance and failure to request an adjournment. The judge noted that neither party attended the hearing and all calls to the landlord went unanswered.
📚 Full judgment Official document
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[2025] NZTT 5096528
TENANCY TRIBUNAL - Video Location
APPLICANT: [redacted] Agent For [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/Flat [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. Neither party attended the hearing by the video link provided in the notice of hearing.
2. I tried calling both parties at the start of the hearing. Neither answered the calls. I attempted the landlord three times; twice on the mobile number provided on its application and once on the landline. All calls went to voicemail. I am satisfied that the applicant was given a proper opportunity to attend the hearing.
3. 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.
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4. The application is dismissed.
R Morgan
24 February 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 was satisfied that the landlord had a proper chance to attend the hearing.
- The landlord did not ask for the hearing to be postponed.
- The landlord did not 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 claimant's application was dismissed because they failed to attend the hearing and did not request an adjournment.
What was the dispute about?
The dispute was about the claimant's application being heard by the Tenancy Tribunal.
How did the court decide, and why?
The court decided to dismiss the application because the claimant did not attend the hearing and did not request an adjournment.
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 fact that the claimant did not attend the hearing and did not request an adjournment was the most important argument.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they attend the hearing or request an adjournment if they cannot attend.
What evidence or documents mattered?
The judgment does not specify any specific evidence or documents that mattered.