What was the outcome of Tenancy Tribunal case 4334630?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4334630?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4334630?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4334630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10609662-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4334630?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 4334630?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4334630?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4334630?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10609662-Tenancy_Tribunal_Order.pdf.

31 London Street, Te Atatu Peninsula, Auckland 0610 Tenancy Tribunal Case 4334630 — Rent arrears

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Reasons

The applicant for the rehearing application, Ms Aleah Rakawhati, did not attend the hearing.

Ms Shen attended the hearing on behalf of the landlord.

On 1 September 2022, the Tribunal issued an order for rent arrears up to July 12, 2021, amounting to $5,619.45 (including a filing fee disbursement).

On 23 January 2024, Ms Aleah Rakawhati applied for a rehearing, stating that she did not have the opportunity to present her side of the story and, therefore, there was a substantial wrong or miscarriage of justice.

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”.

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?

Ms. Aleah Rakawhati is the applicant for the rehearing. She must satisfy me that her application should be granted. The burden is hers.

Ms. Aleah Rakawhati did not attend the hearing.

This case has a long history, dating back to June 2021, when the first Tribunal Order was issued for unpaid rent.

I understand that Ms. Aleah Rakawhati has not paid any rent arrears either. Nor did Ms. Aleah Rakawhati attend the scheduled hearings when required.

Accordingly, Ms. Aleah Rakawhati’s application for rehearing is dismissed.

Reasons

The applicant for the rehearing application, Ms Aleah Rakawhati, did not attend the hearing.

Ms Shen attended the hearing on behalf of the landlord.

On 1 September 2022, the Tribunal issued an order for rent arrears up to July 12, 2021, amounting to $5,619.45 (including a filing fee disbursement).

Has a substantial wrong or miscarriage of justice occurred?

Ms. Aleah Rakawhati is the applicant for the rehearing. She must satisfy me that her application should be granted. The burden is hers.

Ms. Aleah Rakawhati did not attend the hearing.

This case has a long history, dating back to June 2021, when the first Tribunal Order was issued for unpaid rent.

I understand that Ms. Aleah Rakawhati has not paid any rent arrears either. Nor did Ms. Aleah Rakawhati attend the scheduled hearings when required.

Accordingly, Ms. Aleah Rakawhati’s application for rehearing is dismissed.

Tenancy Tribunal case 4334630 — Rent arrears at 31 London Street, Te Atatu Peninsula, Auckland 0610

At a glance

Tenancy Tribunal case 4334630 — Rent arrears at 31 London Street, Te Atatu Peninsula, Auckland 0610

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions