rehearing application
📖 What is rehearing application? Meaning and definition
A rehearing application allows a party to a Tenancy Tribunal case, such as a landlord or tenant, to ask the Tribunal to hear their case again. This is typically sought when a party believes that a substantial wrong or miscarriage of justice has occurred, or is likely to occur, in relation to an earlier order made by the Tribunal. The Residential Tenancies Act 1986 gives the Tribunal the power to order a rehearing under specific circumstances.
For a rehearing to be granted, the applicant does not necessarily need to prove that an actual miscarriage or substantial wrong has already happened. Instead, they only need to demonstrate the potential for such an outcome. Common grounds for seeking a rehearing, as seen in Tribunal decisions, include claims that an Adjudicator misinterpreted legal tests, overlooked or incorrectly assessed evidence, or that there was misconduct by another party during the original hearing.
If a rehearing application is dismissed, the original order of the Tribunal stands, and any stay of proceedings that might have been in place is lifted. The Tribunal will consider the reasons advanced in the application and may dismiss it if the grounds are not met or if the applicant fails to attend the hearing for the rehearing application. The decision on a rehearing application can also involve reissuing or editing the original order, for example, regarding name suppression.
📋 Requirements
- A substantial wrong or miscarriage of justice has or may have occurred or is likely to occur.
- The applicant believes the Adjudicator misinterpreted a legal test.
- The applicant believes there was a lack of evidence or incorrect weight given to evidence.
- The applicant alleges misconduct by another party during the original hearing.
- The applicant must demonstrate the potential for a miscarriage or substantial wrong, not necessarily prove it.
📝 Procedure
- A party applies for a rehearing after an initial order is made by the Tribunal.
- The application states the grounds for seeking the rehearing, such as misinterpretation of law or incorrect assessment of evidence.
- Both parties may attend a hearing for the rehearing application.
- The Tribunal considers whether the grounds for a rehearing exist, based on the potential for a substantial wrong or miscarriage of justice.
- If the application is dismissed, the original order remains in effect and any stay of proceedings is lifted.
💡 Examples
- A landlord applied for a rehearing, contending that the Tribunal overlooked or made an incorrect assessment of the evidence when it ordered most of the bond to be refunded to the tenant.
- A tenant sought a rehearing on the grounds that the Adjudicator misinterpreted a specific legal exclusion test and gave insufficient weight to the written tenancy agreement.
- A company's application for rehearing was dismissed, and the original order for termination of tenancy due to anti-social behaviour remained unchanged.
- A party applied for a rehearing alleging misconduct by the other party for withdrawing part-way through the initial hearing.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does it mean if my rehearing application is dismissed?
If your rehearing application is dismissed, it means the Tenancy Tribunal has decided not to reconsider its original decision. The original order made by the Tribunal will stand, and any temporary halt to the proceedings (stay of proceeding) will be lifted.
What are common reasons for applying for a rehearing?
Common reasons include believing the Adjudicator misinterpreted the law, overlooked or incorrectly assessed evidence, or that there was misconduct by another party during the initial hearing. The core idea is that a substantial wrong or miscarriage of justice may have occurred.
Do I need to prove a miscarriage of justice actually happened?
No, you do not need to prove that an actual miscarriage or substantial wrong has already occurred. The law states that the Tribunal can order a rehearing if a substantial wrong or miscarriage of justice 'has or may have occurred or is likely to occur,' meaning you only need to show the potential for it.
What happens at a rehearing application hearing?
Both parties typically attend the hearing, often by telephone. The Tribunal will listen to the reasons advanced in your application and consider whether the grounds for a rehearing, as set out in the Residential Tenancies Act 1986, are met.
Can the original order be changed if a rehearing is granted?
If a rehearing is granted, the Tribunal will reconsider the case, which could lead to changes in the original order. Even if the rehearing application is dismissed, the original order might be reissued and edited for minor details, such as declining an application for name suppression.
Where can I find more information about rehearings and appeals?
The Ministry of Justice website, justice.govt.nz/tribunals/tenancy/rehearings-appeals, provides more information. If you are unsure about whether to apply for a rehearing, it is often helpful to consult with a qualified lawyer.