Tenant's Rehearing Application Dismissed by Tenancy Tribunal
📌 In brief
The Tenancy Tribunal dismissed a tenant's application for rehearing because the tenant failed to show up for the hearing and request an adjournment, as required by the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant cannot obtain a rehearing simply by disagreeing with the initial decision.
📖 What the law says
This section allows the Tenancy Tribunal to make various orders, such as declaring the status of premises or agreements, ordering a party to give possession of premises to another, or ordering a party to pay money.
If a party is properly notified of a hearing but does not attend, the Tribunal can still proceed to hear and decide the case, or it can dismiss or postpone the matter without that party being present.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The claimant's application for rehearing was dismissed due to failure to attend the hearing and request an adjournment.
📜 Headnote Official document
The Tenancy Tribunal dismissed a tenant's application for rehearing due to the tenant's failure to attend the hearing and request an adjournment, as required by the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 4826998, 4839421
TENANCY TRIBUNAL AT NORTH SHORE | TE TARAIPIUNARA RETIHANGA KI ŌKAHUKURA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The application is dismissed.
2. The application for rehearing is dismissed.
Reasons:
3. The tenant, Ms [NAME], attended the hearing. Ms [NAME] supports Ms [NAME]—her current landlord.
4. The previous landlord, [NAME], did not attend the hearing. [NAME] is the applicant of the rehearing application before me.
5. On 13 July 2024, the Tribunal ordered to refund most of the bond to Ms [NAME]. [NAME] received some compensation for his claims.
6. [NAME], in his rehearing application, contended that I overlooked or made an incorrect assessment of the evidence. Effectively, I reached an erroneous decision.
7. [NAME] did not attend the hearing at the scheduled time, request an adjournment to advance his rehearing application. See sections 78(1)(i) and 92(1) Residential Tenancies Act 1986.
__________________________________________________________________________________ 4826998 2
8. Accordingly, [NAME]’s application for rehearing is dismissed.
M Kan
25 March 2025
__________________________________________________________________________________ 4826998 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/
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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 tenant did not provide specific reasons or evidence showing a substantial wrong or miscarriage of justice.
- The tenant did not attend the hearing at the scheduled time and did not request an adjournment.
❌ Tends to be rejected
- The tenant claimed the tribunal overlooked or incorrectly assessed the evidence without providing concrete examples.
- The tenant disagreed with the initial decision but did not show that the decision was fundamentally flawed.
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.
What was the dispute about?
The dispute was about whether the tenant could have their case reheard due to dissatisfaction with the initial decision.
How did the court decide, and why?
The court decided to dismiss the application because the tenant did not attend the hearing and request an adjournment as required by the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 78(1)(i) and 92(1) were applied.
What was the argument that mattered most?
The most important argument was that the tenant had not complied with the requirement to attend the hearing and request an adjournment.
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 the hearing and request an adjournment if they wish to apply for a rehearing.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that were considered.