consent order
📖 What is consent order? Meaning and definition
A consent order is a formal decision issued by the Tenancy Tribunal in New Zealand. It is used when the landlord and tenant, or their representatives, agree on how to resolve their dispute. Instead of the Tribunal Adjudicator making a decision based solely on evidence and arguments, the order reflects the terms that both parties have mutually accepted.
These orders are often made during a hearing, where the parties discuss and come to an agreement on various matters, such as terminating a tenancy, paying rent arrears, or how a bond should be released. The Tribunal then formalises this agreement into a legally binding order. For example, parties might agree to terminate a tenancy on a specific date or to pay a certain amount of money.
One common reason for making an order by consent is to encourage parties to resolve their disputes amicably. To support this, the Tribunal often orders the suppression of identifying details of the parties involved in consent orders. This ensures that parties are not discouraged from reaching agreements.
Once a consent order is made, it has the same legal force as any other Tenancy Tribunal order. If a party believes there was a substantial wrong or miscarriage of justice, they can apply for a rehearing within five working days, but simply disagreeing with the decision is not a valid reason for a rehearing.
📋 Requirements
- Both parties (landlord and tenant) must agree to the terms of the order.
- The agreement must be presented to the Tenancy Tribunal.
- The Tribunal Adjudicator must formalise the agreement into an order.
📝 Procedure
- Parties attend a Tenancy Tribunal hearing.
- Parties discuss and reach an agreement on the issues in dispute.
- The agreed terms are presented to the Tribunal Adjudicator.
- The Adjudicator issues a formal consent order reflecting the agreement.
💡 Examples
- A landlord and tenant agree during a hearing to terminate their tenancy on a specific date, and the tenant will pay a certain amount for rent arrears.
- The parties agree that the bond should be paid to the landlord to cover costs for items left behind at the end of the tenancy.
- A landlord and tenant agree that the bond should be released to the landlord in full settlement of all claims related to the tenancy.
- The Tribunal orders suppression of the parties' names and identifying details because the order was made by consent.
❓ Frequently asked questions
What is the main difference between a consent order and a regular Tenancy Tribunal order?
The main difference is that a consent order records an agreement reached by both parties, whereas a regular order is a decision made by the Adjudicator after considering the evidence and arguments presented by each side.
Do I have to agree to a consent order?
No, you are not forced to agree to a consent order. It is a voluntary agreement between the parties. If you cannot agree, the Adjudicator will make a decision based on the evidence.
Can a consent order be changed after it's made?
Once a consent order is made, it is legally binding. You can apply for a rehearing if you believe a substantial wrong or miscarriage of justice occurred, such as not receiving the hearing letter or new evidence becoming available, but not just because you disagree with the decision.
Why would parties choose a consent order?
Parties might choose a consent order to have more control over the outcome, reach a quicker resolution, or maintain a more amicable relationship. The Tribunal also encourages consent orders by suppressing identifying details.
What if one party doesn't follow the consent order?
A consent order has the same legal force as any other Tenancy Tribunal order. If a party does not comply, the other party can take steps to enforce the order, which may involve further action through the Tribunal or courts.