application dismissal
📖 What is application dismissal? Meaning and definition
When the Tenancy Tribunal dismisses an application, it means the case will not be heard or decided on its merits. This often happens when the person who made the application, known as the applicant, does not attend the scheduled hearing. The Tribunal may attempt to contact the applicant multiple times by phone or email before dismissing the application.
Dismissal can also occur if neither the applicant nor the other party (the respondent) attends the hearing. The Tribunal's decision to dismiss an application is based on sections of the Residential Tenancies Act 1986, which allow for dismissal if an applicant fails to appear without a sufficient excuse.
If your application is dismissed, you might be able to apply for a rehearing. This is an option if you believe a significant mistake or injustice occurred, such as not receiving the hearing notification, or if new evidence has become available. Information on rehearings and appeals is available through the Ministry of Justice.
📋 Requirements
- The applicant did not attend the scheduled hearing.
- The applicant did not request an adjournment.
- The applicant did not notify the Tribunal that the matter had settled.
- The Tribunal was unable to contact the applicant using provided details.
- No sufficient excuse was provided for non-attendance.
📝 Procedure
- A hearing is scheduled by the Tenancy Tribunal.
- The applicant fails to attend the hearing at the scheduled time.
- The Tribunal attempts to contact the applicant (e.g., by phone or email).
- If contact cannot be made or no explanation is received, the application is dismissed.
- An order is issued stating the application is dismissed, with reasons.
💡 Examples
- A landlord's application was dismissed because they did not attend the teleconference hearing, and multiple attempts by the Tribunal to contact them went to voicemail.
- An application was dismissed when neither the landlord nor the tenant attended the hearing, and calls to both parties went to voicemail.
- A company acting as a landlord's agent had their application dismissed after failing to attend the hearing and not notifying the Tribunal of a settlement or requesting an adjournment.
- The Tenancy Tribunal dismissed an application when the applicant did not appear, even though the other party also did not attend.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does it mean if my Tenancy Tribunal application is dismissed?
It means the Tribunal has decided not to proceed with your case. This usually happens if you, as the applicant, do not attend the scheduled hearing or provide a valid reason for your absence.
Can my application be dismissed if the other party also doesn't show up?
Yes, an application can still be dismissed if you, the applicant, fail to attend, even if the respondent also does not appear at the hearing.
What should I do if my application is dismissed because I missed the hearing?
You may be able to apply for a rehearing if you believe a substantial wrong or miscarriage of justice occurred, such as not receiving the hearing notification. You can find more information on rehearings on the justice.govt.nz website.
What are common reasons for an application dismissal?
Common reasons include the applicant not attending the hearing, not requesting an adjournment, or not notifying the Tribunal that the matter has settled.
Does a dismissal mean I can't pursue my case again?
Not necessarily. While the original application is dismissed, you may have the option to apply for a rehearing under certain circumstances, such as new evidence becoming available or an error in the process.
What if the Tribunal couldn't contact me before dismissing my application?
The Tribunal will often attempt to contact you using the details provided in your application. If they cannot reach you and you don't attend, the application may be dismissed. It's important to ensure your contact details are up-to-date.