self-represented litigants
📖 What is self-represented litigants? Meaning and definition
In the context of the New Zealand Tenancy Tribunal, a self-represented litigant is a party who attends a hearing and presents their case themselves, rather than having a legal professional speak on their behalf. This is a common occurrence in the Tenancy Tribunal, where parties often manage their own claims and responses.
These litigants are directly involved in the process, from making claims to reaching agreements. For example, a self-represented tenant might attend a hearing and agree to a settlement for claims made against them, or a self-represented landlord might appear to pursue rent arrears.
When parties are self-represented, they are directly responsible for understanding the claims, presenting their evidence, and engaging in discussions, which can lead to consent orders or other resolutions. The Tribunal's orders, such as those for payment of compensation or bond, are then directed to these individuals or the entities they represent, like a landlord acting as an agent.
Even when one party is represented by an agent (e.g., a property management company acting for a landlord), the other party might still be self-represented. The Tribunal records show both parties attending, or sometimes one party not attending, highlighting the direct engagement of self-represented individuals in the resolution of tenancy disputes.
📋 Requirements
- The individual is a party to a tenancy dispute (e.g., tenant or landlord).
- The individual attends a Tenancy Tribunal hearing.
- The individual does not have a lawyer or other legal professional representing them.
- The individual directly participates in discussions or presents their case.
📝 Procedure
- Both parties attend the Tenancy Tribunal hearing.
- Parties discuss the claims, sometimes leading to an agreed settlement.
- The Tribunal issues an order based on the agreement or its findings.
- Payments or actions specified in the order are carried out by the parties.
💡 Examples
- A tenant attends a Tenancy Tribunal hearing and, without a lawyer, reaches an agreed settlement with their landlord for compensation.
- A landlord, acting as an agent for the property owner, attends a remote hearing to claim rent arrears and other costs from a tenant who is self-represented.
- A self-represented tenant does not attend a scheduled video hearing, leading to an order being made in their absence regarding rent arrears and filing fee reimbursement.
- Both a landlord and a tenant attend a hearing as self-represented litigants and, through discussion, consent to an order for the payment of bond money.
❓ Frequently asked questions
Can I represent myself at the Tenancy Tribunal?
Yes, many tenants and landlords choose to represent themselves at the Tenancy Tribunal. The Tribunal process is designed to be accessible for individuals to present their own cases.
What happens if I am self-represented and the other party has an agent?
You will still present your case directly to the Tribunal. The agent will represent the other party, but you will engage with the process yourself, just as if the other party were also self-represented.
Do I need to attend the hearing if I am self-represented?
Attending the hearing is crucial. If you do not attend, the Tribunal may make an order in your absence, potentially without hearing your side of the story, as seen in some cases where tenants did not attend.
What if I reach an agreement at the hearing as a self-represented litigant?
If you reach an agreement with the other party during the hearing, the Tenancy Tribunal will typically issue a 'consent order' reflecting that agreement, which then becomes legally binding.
Where can I get help if I am self-represented?
While you are representing yourself, you can seek information from the Tenancy Services website. For specific legal advice or assistance with your case, you may wish to consult with a qualified lawyer or community law centre.