What was Tenancy Tribunal case 4799809 about?

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

How much money was awarded in case 4799809?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4799809?

The dispute type was not classified.

Where can I read the official tribunal order for case 4799809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10129571-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4799809 about?

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

How much money was awarded in case 4799809?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4799809?

The dispute type was not classified.

Where can I read the official tribunal order for case 4799809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10129571-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4799809 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing. [The landlord’s representatives] for the landlord and [The tenant/s] and her advocate [The tenant’s representative].

On 26 February 2024, the Tribunal made an order for termination due to meth contamination of the property.

On 1 March 2024, the tenant applied for a rehearing on the grounds that her phone was stolen.

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.

[The tenant/s] received notice of the hearing. At 1.16pm on the day of the hearing, a message was conveyed to the adjudicator the number on which to call [The tenant/s] for the hearing. This information came from [The tenant/s] herself. The Tribunal contacted the number provided by [The tenant/s] 3 times with no response.

The tenant failed to pick up the phone and no explanation is given for this.

There was no procedural defect that occurred. The tenant failed to appear for the hearing. The application for rehearing is dismissed.

Reasons

Both parties attended the hearing. [The landlord’s representatives] for the landlord and [The tenant/s] and her advocate [The tenant’s representative].

On 26 February 2024, the Tribunal made an order for termination due to meth contamination of the property.

On 1 March 2024, the tenant applied for a rehearing on the grounds that her phone was stolen.

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.

The tenant failed to pick up the phone and no explanation is given for this.

There was no procedural defect that occurred. The tenant failed to appear for the hearing. The application for rehearing is dismissed.

Tenancy Tribunal case 4799809 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 4799809 — 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