full hearing
📖 What is full hearing? Meaning and definition
In New Zealand tenancy law, a 'full hearing' is a comprehensive process used by the Tenancy Tribunal to resolve disputes between landlords and tenants. It is typically scheduled when an application for an expedited (fast-tracked) process, such as for abandonment, is not approved. This means the Tribunal requires more detailed information or a formal presentation of evidence than what was initially provided on paper.
The Tenancy Tribunal may refer an application for a full hearing if the specific conditions for an expedited process are not met. For example, in cases of alleged tenancy abandonment, an expedited process requires that the tenant does not wish to contest the application and that the landlord's provided information is sufficient for a decision without a formal hearing or with only minor clarifications. If these two requirements are not satisfied, the application will be referred for a full hearing.
A full hearing allows both parties to present their case, provide evidence, and respond to the claims made by the other party. It ensures that the Tribunal has all necessary information to make a fair and proper determination on the matter, rather than relying solely on written submissions that might be incomplete or contested. This process is designed to ensure due process and a thorough examination of the facts.
📋 Requirements
- The tenant wants to contest the application (e.g., an abandonment application).
- The information provided by the landlord is not sufficient for the Tribunal to make a proper decision without a formal hearing.
- The Tribunal determines that minor clarifications are not enough to resolve the matter without a full hearing.
📝 Procedure
- A landlord applies for termination of tenancy through an expedited process (e.g., for abandonment).
- The Tenancy Tribunal reviews the application on the papers to see if it meets the requirements for an expedited process.
- If the requirements for an expedited process are not met, the application is not granted.
- The application is then referred to Tenancy Services for a full hearing to be scheduled.
💡 Examples
- A landlord applies for an expedited abandonment order, but the tenant indicates they do not agree they have abandoned the property, leading to the application being referred for a full hearing.
- The Tenancy Tribunal receives an expedited abandonment application, but the landlord's evidence is unclear or insufficient, so the case is sent to Tenancy Services for a full hearing.
- An application for an expedited process is rejected because the Tribunal needs more than minor clarifications to properly determine the matter, resulting in a full hearing being scheduled.
- If a tenant contests an application for abandonment, the Tenancy Tribunal will likely refer the case for a full hearing to allow both sides to present their arguments.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What is the difference between an 'expedited process' and a 'full hearing'?
An expedited process is a fast-tracked way for the Tenancy Tribunal to make a decision, often 'on the papers' without a formal hearing, if specific conditions are met (like the tenant not contesting the application). A full hearing is a more formal and comprehensive process where both parties can present their case and evidence.
Why would my application be referred for a full hearing instead of an expedited process?
Your application would be referred for a full hearing if it doesn't meet the strict requirements for an expedited process. This often happens if the tenant wants to contest the application, or if the information you provided isn't enough for the Tribunal to make a proper decision without a more detailed examination.
What happens at a full hearing?
At a full hearing, both the landlord and the tenant will have the opportunity to present their evidence, call witnesses if applicable, and explain their side of the story to the Tenancy Tribunal Adjudicator. The Adjudicator will then consider all the information before making a decision.
Do I need to prepare differently for a full hearing compared to an expedited process?
Yes, for a full hearing, you should be prepared to present all your evidence clearly, explain your arguments, and potentially answer questions from the Adjudicator or the other party. Unlike an expedited process decided 'on the papers', a full hearing involves active participation.
Can I appeal a decision to refer my case to a full hearing?
The decision to refer a case for a full hearing is generally a procedural step by the Tenancy Tribunal to ensure a fair and proper determination. It is not typically a final order that can be appealed, but rather a redirection to the appropriate process.
How long does it take to get a full hearing scheduled?
The scheduling time for a full hearing can vary depending on the Tenancy Tribunal's workload and the complexity of the case. Tenancy Services will contact you with details once a hearing has been scheduled.