What was Tenancy Tribunal case 4279912 about?

The tribunal order states: The Tenancy Tribunal order dated 14

How much money was awarded in case 4279912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4279912?

The dispute type was not classified.

Where can I read the official tribunal order for case 4279912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539162-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4279912 about?

The tribunal order states: The Tenancy Tribunal order dated 14

How much money was awarded in case 4279912?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4279912?

The dispute type was not classified.

Where can I read the official tribunal order for case 4279912?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10539162-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4279912 — Tenancy dispute

Tenantcheck Insights

Order

The Tenancy Tribunal order dated 14 th May 2021 under TT 4279912 is not to be enforced against Diego Marsters or Alan Tu Tere Taonga A Te Atua.

The amount in order 2 of TT 4279112 dated 14 th May 2021 is only to be enforceable against Vainga Veatufunga and Emalata Manavanetau.

The order 2 of TT 4279112 dated 14 th May 2021 is to be replaced with “Vainga Veatufunga and Emalata Manavanetau must pay [the landlord] $4,610.88 immediately, calculated as shown in table below”.

Reasons

On 14 th May 2021, the Tribunal made an order for Vainga Veatufunga, Diego Ricci and Alan Tu Tere Taonga A Te Atau to pay the landlord $4,610.88.

On 4 th May 2024, Diego Ricci Marsters applied for a rehearing on the grounds that he did not receive the notice of application and that he was not a named tenant to the tenancy but only a flatmate.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”. 4279912, 4283808 2

Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.

The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.

Has a substantial wrong or miscarriage of justice occurred?

Having looked at the tenancy agreement, I find that a miscarriage of justice has occurred by naming Diego Ricci Marsters or Alan Tu Tere Taonga A Te Atua as respondents of the original order dated 14 th May 2021.

Those two names should never have been there as part of the order.

However, all other aspects of the order can remain the same.

Instead of ordering a new hearing, I make an order amending the original order dated 14 th May 2021 and removing any liability of Diego Ricci Marsters or Alan Tu Tere Taonga A Te Atua for payment as originally stated.

Only Vainga Veatufunga and Emalata Manavanetau are to be liable for payment of the amount ordered.

Order

The Tenancy Tribunal order dated 14 th May 2021 under TT 4279912 is not to be enforced against Diego Marsters or Alan Tu Tere Taonga A Te Atua.

The amount in order 2 of TT 4279112 dated 14 th May 2021 is only to be enforceable against Vainga Veatufunga and Emalata Manavanetau.

Reasons

On 14 th May 2021, the Tribunal made an order for Vainga Veatufunga, Diego Ricci and Alan Tu Tere Taonga A Te Atau to pay the landlord $4,610.88.

On 4 th May 2024, Diego Ricci Marsters applied for a rehearing on the grounds that he did not receive the notice of application and that he was not a named tenant to the tenancy but only a flatmate.

Has a substantial wrong or miscarriage of justice occurred?

Those two names should never have been there as part of the order.

However, all other aspects of the order can remain the same.

Only Vainga Veatufunga and Emalata Manavanetau are to be liable for payment of the amount ordered.

Tenancy Tribunal case 4279912 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4279912 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Frequently asked questions