Tenant's Rehearing Application Dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a tenant's request for a rehearing because the tenant did not attend the scheduled hearing and did not provide any convincing evidence to support the request. The original decision, which favoured the landlord due to unpaid rent, stayed in effect.
⚖️ Legal holding
A tenant must provide credible evidence and attend the hearing to successfully apply for a rehearing.
📖 What the law says
This section allows the Tenancy Tribunal to order a rehearing if a significant mistake or unfair outcome has happened or might happen. An application for a rehearing must be submitted within 5 working days of the decision, though the Tribunal can sometimes allow more time. The Tribunal must also send a copy of the application to the other party involved in the case.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal dismissed the tenant's application for rehearing due to lack of attendance and failure to provide credible evidence.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for rehearing of a previous order due to the tenant's failure to attend the hearing and provide credible evidence supporting the need for a rehearing. The original order granting possession to the landlord due to substantial rent arrears remained unchanged.
📚 Full judgment Official document
__________________________________________________________________________________ 5048843 1
[2025] NZTT 5048843
TENANCY TRIBUNAL AT PALMERSTON NORTH | TE TARAIPIUNARA RETIHANGA KI TE PAPAIOEA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
The application for rehearing is dismissed.
Reasons:
1. Only the landlord attended the hearing to consider the tenant’s rehearing application. The tenant did not appear at the appointed time.
2. The tenant has applied for a rehearing of the Tribunal order dated 10 December 2024 on grounds that he was aware and available for the phone hearing but had not been phoned on the hearing date and time in question. The tenant seeks a rehearing to be conducted in person.
3. Out of fairness to both parties, I directed an in-person hearing to decide whether to grant a rehearing of the original matter.
4. Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.
5. Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.
__________________________________________________________________________________ 5048843 2
6. The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.
Has a substantial wrong or miscarriage of justice occurred?
7. The tenant has failed to establish any grounds for a rehearing.
8. The tenant did not attend today’s hearing at the appointed time.
9. There is nothing in the rehearing application which raises any credible or cogent defence to the possession order made in favour of the landlord due to substantial rent arrears.
10. No material or evidence has been filed or adduced by the tenant to show that the rent was not in fact in arrear at the date of the hearing before the Tribunal. No evidence of rent being paid has been adduced.
11. The landlord advised that the tenant has since been evicted on 23 January 2025.
12. For those reasons, the original order stands.
13. I dismiss the tenant’s rehearing application accordingly.
J Tam
01 April 2025
__________________________________________________________________________________ 5048843 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.
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/
__________________________________________________________________________________ 5048843 4
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 landlord attended the hearing to consider the tenant’s rehearing application.
- The original order stands because the tenant failed to establish any grounds for a rehearing.
- The tenant was evicted on 23 January 2025, as advised by the landlord.
❌ Tends to be rejected
- The tenant failed to provide any evidence that the rent was not in arrears.
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 for rehearing of a previous order.
What was the dispute about?
The dispute was about whether the tenant should be allowed a rehearing of a previous order granting possession to the landlord due to unpaid rent.
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 provide any credible evidence to support the need for a rehearing.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 105(1) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant failed to attend the hearing and did not provide any credible evidence to support the need for a rehearing.
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?
For someone in a similar situation, it means that attending the hearing and providing credible evidence is crucial for a successful rehearing application.
What evidence or documents mattered?
The judgment does not specify any specific evidence or documents that mattered.