Tenant Successfully Withdraws Application at Tenancy Tribunal
📌 In brief
In this case, a tenant decided to withdraw their application against another tenant. As a result, the scheduled hearing was canceled and the application was closed.
⚖️ Legal holding
A tenant can withdraw their application before the Tenancy Tribunal.
📖 Technical summary
The claimant withdrew their application against the tenant.
📜 Headnote Official document
This case involved an application from a unit owner against a tenant. The applicant withdrew the application, resulting in the cancellation of the scheduled hearing and closure of the application.
📚 Full judgment Official document
__________________________________________________________________________________ 9060064 1
[2025] NZTT 9060064
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
RESPONDENT: [redacted] [NAME]: Unit/Flat G01, [ADDRESS], [POSTCODE], The Ivory
ORDER
1. The application is withdrawn.
Reasons:
2. This matter is an application from a unit owner against the [NAME]. A hearing was scheduled for tomorrow in Auckland.
3. This morning the applicants have contacted the Tribunal withdrawing their application. That being the case the hearing scheduled for tomorrow is cancelled, and the application now closed.
[NAME] 16 April 2025
__________________________________________________________________________________ 9060064 2
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
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The applicants contacted the Tribunal to withdraw their application.
- The application was closed because the applicants withdrew it.
- The scheduled hearing was cancelled due to the withdrawal of the application.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision confirmed that the application was withdrawn.
What was the dispute about?
The dispute was about an application filed by a unit owner against a tenant.
How did the court decide, and why?
The court accepted the withdrawal of the application as requested by the applicant.
Which laws or rules were applied?
No specific laws or rules were applied since the application was withdrawn.
What was the argument that mattered most?
The argument that mattered most was the applicant's request to withdraw the application.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as they successfully withdrew their application.
What does this mean for someone in a similar situation?
Someone in a similar situation can also withdraw their application if they wish to do so.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.