Tenant's Application Withdrawn After Issue Resolved

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[2025] NZTT Pukekohe 9056684

TENANCY TRIBUNAL AT Pukekohe

APPLICANT: [redacted] Occupier of a principal unit

RESPONDENT: [redacted]

ORDER

1. The application is hereby withdrawn.

2. The issue of costs is to be decided on the papers following these timetabling directions:

a) the applicant may file a memorandum as to costs within 10 working days from 20 February 2025

b) the respondent may file a memorandum in response within 5 working days of the receipt of the applicant’s memorandum.

3. The phone hearing is to be scheduled at 9.30am on 20 February 2025 is hereby vacated and and attendances excused.

Reasons:

1. I am in receipt of the Memorandum of Counsel for the Applicant advising that remediation works are proceeding at the [NAME] by agreement of both parties and the underlying issue that led to the applicant bringing these proceedings are now resolved.

2. The issue of costs is however unresolved.

3. The applicant suggests that if costs cannot be resolved within 10 working days from the date of this memorandum, that the applicant will file a memorandum as to costs, with the respondent to file a memorandum in response within 5 working days of the receipt of the applicant’s memorandum. It is suggested that the Tribunal deal with the issue of costs on the papers.

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4. I make the above orders accordingly.

5. The scheduled phone hearing is hereby vacated and attendances excused,

J Tam 19 February 2025

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY] [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.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.

http://www.justice.govt.nz/fines/civil-debt