What was the outcome of Tenancy Tribunal case 4400620?

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

How much money was awarded in case 4400620?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4400620?

The dispute type was not classified.

Where can I read the official tribunal order for case 4400620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9527865-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4400620?

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

How much money was awarded in case 4400620?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4400620?

The dispute type was not classified.

Where can I read the official tribunal order for case 4400620?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9527865-Tribunal_Order.pdf.

281 Whangarata Road, Tuakau, RD 4, Tuakau 2694 Tenancy Tribunal Case 4400620 — Tenancy dispute

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Reasons

Both parties attended the hearing which was held on the 10 October 2023.

On 12 July 2023 the Tribunal made order for exemplary damages and compensation for a number of breaches of the Residential Tenancies Act by the landlord.

On 17 July 2023 the A Tenants applied for a rehearing on the grounds that: a) The amounts awarded in both compensation and exemplary damages were too low and not consistent with other awards given in the Tribunal. b) That the Tribunal had erred in not allowing compensation to be awarded when the event related to more than one breach of the RTA; c) That some of the claims that were not considered because they were outside time could have been considered by the Tribunal under other provisions in the RTA; d) That [The tenant/s] are lay people and therefore were not fully conversant on which claims could be made under other sections of the RTA.

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?

For the following reasons [The tenant/s] has failed to establish the grounds for a rehearing.

I do not consider that there was any procedural defect with the hearing. In reaching my decision dated 12 July 2023, I have addressed all the claimed breaches by the tenants.

The tenants had the opportunity before the hearing to seek advice, including legal advice on their claim. The Adjudicators/Tribunals role is to hear the claims pleaded not to advocate for one party. I consider that advising the parties on the breaches that they can or could have claimed or the unlawful acts that could be pleaded to be an advocacy role that should not be undertaken by the Tribunal at the hearing stage.

The amount of compensation and exemplary damages awarded is dependant on the facts of each case before the Tribunal. If a party considers that the award is inadequate, then that is a matter for appeal not grounds for a rehearing.

Reasons

Both parties attended the hearing which was held on the 10 October 2023.

On 12 July 2023 the Tribunal made order for exemplary damages and compensation for a number of breaches of the Residential Tenancies Act by the landlord.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons [The tenant/s] has failed to establish the grounds for a rehearing.

I do not consider that there was any procedural defect with the hearing. In reaching my decision dated 12 July 2023, I have addressed all the claimed breaches by the tenants.

Tenancy Tribunal case 4400620 — Tenancy dispute at 281 Whangarata Road, Tuakau, RD 4, Tuakau 2694

At a glance

Claims & awards

Tenancy Tribunal case 4400620 — Tenancy dispute at 281 Whangarata Road, Tuakau, RD 4, Tuakau 2694

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Property management

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Property management

Frequently asked questions