Tenant's Application for Suppression Granted, But Dismissed Due to Landlord's Absence
📌 In brief
The Tenancy Tribunal granted the tenant's request to keep their names and details private, but dismissed the application because the landlord didn't show up for the hearing. The landlord missed the hearing and didn't call back.
⚖️ Legal holding
A tenant's application for suppression is valid if the landlord fails to attend the hearing.
📖 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, clarifying rights and obligations, ordering a party to give up possession of premises, or ordering a party to deliver specific items.
This rule states that if a party is properly notified of a hearing but does not attend, the Tribunal can still proceed to hear and decide the matter, or it can choose to dismiss or postpone it.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The application for suppression was granted, but the application was dismissed due to the landlord's absence.
📜 Headnote Official document
The Tenancy Tribunal granted the tenant's application for suppression of their names and identifying details, but dismissed the application due to the landlord's failure to attend the hearing. The landlord did not attend by video link or respond to telephone calls.
📚 Full judgment Official document
__________________________________________________________________________________ 4996970 1
[2025] NZTT 4996970
TENANCY TRIBUNAL - [Event location suppressed]
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [Tenancy address suppressed]
ORDER
1. An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
2. The application is dismissed.
Reasons:
1. The tenant attended this remote hearing.
2. The landlord did not attend by Teams video link. Telephone calls were made to the landlord on the number provided at the allocated hearing time. All calls went to voicemail.
3. The landlord 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.
__________________________________________________________________________________ 4996970 2
4. The application is dismissed.
5. There is no public interest in the proceedings and the tenants’ names and details are suppressed.
[NAME] 20 February 2025
__________________________________________________________________________________ 4996970 3
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 tenant attended the remote hearing as required.
❌ Tends to be rejected
- The landlord failed to attend the hearing via video link or by telephone.
- The landlord did not request an adjournment or notify the Tribunal that the matter had settled.
- There was no public interest in the proceedings to warrant keeping the tenants' names and details public.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal granted the tenant's request to suppress their names and details, but dismissed the application because the landlord didn't attend the hearing.
What was the dispute about?
The tenant asked for their names and details to be kept secret, while the landlord failed to attend the hearing.
How did the court decide, and why?
The court granted the suppression request but dismissed the application because the landlord didn't attend the hearing as required by law.
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 landlord did not attend the hearing as required by law was the most important factor in the decision.
Was the decision for or against the person who brought the case?
The decision was partly for the tenant, granting the suppression request, but mostly against the tenant, dismissing the application.
What does this mean for someone in a similar situation?
Someone in a similar situation might have their names and details suppressed if they ask for it, but their application could be dismissed if the other party doesn't attend the hearing.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.