name suppression
📖 What is name suppression? Meaning and definition
Name suppression is a measure granted by the Tenancy Tribunal to protect the identity of individuals involved in a case. This means that while the details of the case may be public, the specific names of the people involved are kept confidential. It can be requested by a party, such as a tenant or landlord, or even suggested by the Tribunal itself, as seen when a landlord requested it for a tenant. The decision to grant name suppression is made by the adjudicator, taking into account various factors.
In practice, name suppression can be granted for different reasons. For example, it was granted for a tenant who was actively making efforts to pay their debt and had agreed to increase their weekly payments, suggesting that positive actions can support such a request. It was also approved when the request was supported by the other party (the applicant) and when there was minimal public interest in publishing the name, especially if the order was made by consent.
It's important to note that a party might initially choose not to seek name suppression, but later realise the consequences and apply for a rehearing to request it. This indicates that the implications of not having name suppression can be significant enough for someone to seek to revisit a Tribunal order. The ability to apply for a rehearing if a miscarriage of justice may have occurred, including regarding name suppression, provides a pathway for parties to address such concerns.
📋 Requirements
- The party makes a request for name suppression.
- The request is supported by the other party (applicant).
- There is negligible public interest in publishing the name.
- The party is making efforts to resolve the issue, such as paying debt and increasing payments.
📝 Procedure
- A party indicates they seek name suppression during a hearing.
- The Tribunal considers the request and the reasons provided.
- The Tribunal grants or denies the name suppression order.
- If name suppression was not sought initially, a party can apply for a rehearing if they believe a miscarriage of justice occurred regarding this matter.
💡 Examples
- A tenant was granted name suppression because they were actively working to pay off their rent arrears and had committed to higher weekly payments.
- Name suppression was approved for a tenant when both the tenant and the landlord agreed to it, and there was no significant public reason to publish the tenant's name.
- A party who initially decided not to seek name suppression later applied for a rehearing, stating they did not understand the impact of their decision and now wished to have their name suppressed.
- In a case involving an application to reduce a fixed-term tenancy, one of the tenants was granted name suppression.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does it mean if I am granted name suppression?
If you are granted name suppression, your name will not be published in relation to the Tenancy Tribunal proceedings, helping to keep your involvement confidential.
Can I apply for name suppression after a hearing has already happened?
Yes, if you did not seek name suppression at the initial hearing and later realise the consequences, you can apply for a rehearing, arguing that a miscarriage of justice may have occurred.
What reasons might lead to name suppression being granted?
Name suppression may be granted if you are actively trying to resolve the issue, if the other party supports your request, or if there is little public interest in publishing your name.
Does name suppression affect the outcome of my case?
Name suppression primarily affects the public visibility of your identity in the case, not the substantive outcome of the Tenancy Tribunal's decision on the dispute itself.
Where can I find more information about rehearings and appeals for Tenancy Tribunal cases?
You can visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for detailed information on the processes for rehearings and appeals.
Is name suppression automatically granted in Tenancy Tribunal cases?
No, name suppression is not automatic; it must be requested by a party or suggested by the Tribunal, and the adjudicator will make a decision based on the specific circumstances of the case.