Tenant's Late Rehearing Application Dismissed in Auckland

OUTCOME: Dismissed

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[2026] NZTT 4954213

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [Tenancy address suppressed]

ORDER

1. The Tribunal orders suppression of the landlord’s name and identifying details.

2. The application for a rehearing is dismissed.

Reasons:

1. The landlord attended the hearing.

2. The tenants did not connect to the MS Teams link provided to them and nor did they connect via telephone as instructed in the Notice of Hearing sent to them. The hearing commenced at 9.30 am and I waited until 9.54 am for the tenant. The hearing proceeded in their absence.

3. On 9 September 2024 the Tribunal made an order for rent arrears, water rates and a conditional termination order. The tenant did not attend the hearing in respect of that order.

4. On 15 April 2026 the tenant filed:

a. an application for rehearing out of time

b. an application for a rehearing, and

c. applied for a stay of proceedings, being a tick box on the application form.

5. The tenant said in her application for a rehearing that she would like a decision to be made as to whether a rehearing could be granted without another hearing if I considered that appropriate. I considered that a hearing was

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required, and I directed a further hearing be scheduled and I declined to grant a stay.

6. The relevant law is found in the Residential Tenancies Act 1986 (RTA). Section 105 (1) RTA says the Tribunal shall in all proceedings have the power to order a rehearing of the whole or any part of the proceedings on the ground that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Section 105(2) RTA provides that applications for rehearing must be filed within 5 working days of the date of the order. The purpose of this time limit is to ensure finality of Tenancy Tribunal orders and certainty of the position from the point of view of both parties. Section 105(2) RTA also allows the Tribunal to give further time for the filing of an application for a rehearing. This recognises the rare situation where there may be good grounds for a rehearing application being filed late. The Tribunal will usually consider the following factors:

a. Length of the delay.

b. Reason for the delay.

c. Merits of the application.

d. Whether allowing the application will unfairly prejudice the other party.

e. The overall interests of justice.

7. The tenant has not attended the hearing to address the matters above nor did she request an adjournment. I acknowledge the landlord is not opposed to the application for name suppression for the tenant, however I consider the tenant is required to address the relevant factors set out above, at a hearing, and I am not satisfied I have sufficient information on the documentary evidence provided alone to determine the matter. I am therefore not satisfied that a rehearing should be granted out of time and the application is dismissed. See sections 78(1)(i) and 92(1) RTA.

8. The landlord sought name suppression and because I have previously ordered suppression for the landlord in these proceedings that order continues to apply. See s 95A RTA.

[NAME] 29 May 2026

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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, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is 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].