What was the outcome of Tenancy Tribunal case 4731729?

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

How much money was awarded in case 4731729?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4731729?

The dispute type was not classified.

Where can I read the official tribunal order for case 4731729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10151298-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4731729?

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

How much money was awarded in case 4731729?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4731729?

The dispute type was not classified.

Where can I read the official tribunal order for case 4731729?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10151298-Tribunal_Order.pdf.

Room 203, 2 Kerrs Road, Wiri, Auckland 2104, Home Stay Tenancy Tribunal Case 4731729 — Tenancy dispute

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Reasons

Only the respondent attended the hearing. Neither applicant could be contacted, as the three calls went to voice mail.

On 22 December 2023 the Tribunal made an order dismissing the applicants claims as the applicant had not attended the hearing and because the Tribunal accepted the respondents submission that the Tribunal had no jurisdiction to consider the claims in any event as the applicants were occupying emergency housing funded by MSD.

On 1 February 2024 the applicants applied out of time for a rehearing on the grounds that they had not attended the hearing as they were at a funeral and “got robbed”.

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?

The applicants have failed to attend the re hearing and failed to establish the grounds for a rehearing.

Even had they attended the rehearing today, it is likely they would have been directed to file an appeal against the jurisdiction finding. If, as seems likely, they considered the Tribunal wrong to decline jurisdiction, that was and remains the proper recourse.

Reasons

Only the respondent attended the hearing. Neither applicant could be contacted, as the three calls went to voice mail.

On 1 February 2024 the applicants applied out of time for a rehearing on the grounds that they had not attended the hearing as they were at a funeral and “got robbed”.

Has a substantial wrong or miscarriage of justice occurred?

The applicants have failed to attend the re hearing and failed to establish the grounds for a rehearing.

Tenancy Tribunal case 4731729 — Tenancy dispute at Room 203, 2 Kerrs Road, Wiri, Auckland 2104, Home Stay

At a glance

Claims & awards

Tenancy Tribunal case 4731729 — Tenancy dispute at Room 203, 2 Kerrs Road, Wiri, Auckland 2104, Home Stay

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