Tenant's Application Dismissed for Not Showing Up to Hearing
📌 In brief
The Tenancy Tribunal dismissed a tenant's application because the tenant did not show up for the scheduled hearing. The Tribunal followed the Residential Tenancies Act 1986, which requires tenants to attend hearings or request an adjournment if they cannot make it.
⚖️ Legal holding
A tenant's application is dismissed if they fail to attend the scheduled hearing without requesting an adjournment or notifying the settlement of the matter.
📖 What the law says
This section outlines the types of orders the Tenancy Tribunal can make, such as declaring rights or obligations, ordering possession of premises, or ordering the delivery of specific items.
This rule allows the Tribunal to proceed with a hearing, dismiss the case, or postpone it if a party who was properly notified does not show up for the hearing.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application was dismissed due to non-attendance at the scheduled hearing.
📜 Headnote Official document
In this case, the Tenancy Tribunal at Tauranga dismissed the tenant's application due to their failure to attend the scheduled hearing. The Tribunal noted that the tenant did not request an adjournment or notify the Tribunal of a settlement, leading to the dismissal under sections 78(1)(i) and 92(1) of the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5175033
TENANCY TRIBUNAL AT TAURANGA | TE TARAIPIUNARA RETIHANGA KI TAURANGA MOANA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
Reasons:
1. This application was scheduled to be heard by teleconference. I rang the number provided for the applicant twice and both times my call went to voicemail.
2. The applicant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled, and so her application is dismissed. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
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3. I note that the respondent answered the phone when called.
C ter Haar
16 April 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 applicant's phone number went to voicemail when the tribunal called twice for the hearing.
- The applicant did not attend the hearing at the scheduled time.
- The applicant did not inform the tribunal that the issue had been resolved.
- The respondent was available by phone when the tribunal called.
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 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 scheduled hearing.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not attend the 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 without requesting an adjournment or notifying 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?
Someone in a similar situation should ensure they attend all scheduled hearings or request an adjournment if they cannot attend.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.