What was Tenancy Tribunal case 5024229 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5024229?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5024229?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5024229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11248986-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5024229 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5024229?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5024229?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5024229?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11248986-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5024229 — Exemplary damages

Tenantcheck Insights

Reasons

The hearing was conducted by telephone. Both parties attended.

On 3 December 2024 the Tribunal made an order awarding the tenants exemplary damages and compensation but dismissing their claims for compensation for the effects of a flood at the premises and for the landlord’s (by his agent) actions after the flooding when the premises were uninhabitable.

On 4 December the tenants applied for a rehearing on the grounds that the Tribunal should have made awards for those things and that it should look at the evidence.

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.

For the following reasons the tenants have failed to establish the grounds for a rehearing.

Tenant does not assert that something has gone wrong procedurally or that there is new evidence. The Tribunal’s decision to dismiss the tenants claim for compensation for the effects of the flooding was based on the finding that the landlord was not at fault for the flooding. The Tribunal was entitled to decide that on the evidence.

The decision to dismiss the claim in relation to the agent’s actions when the tenant came to the premises after the flooding and before the tenancy was terminated was based on the circumstances at the time. The premises were uninhabitable, the landlord was trying to remedy the situation and the tenant was not liable for rent at the time. In normal circumstances there would have been an award, but these were not normal circumstances.

The Tribunal has a discretion whether to make an award whether it be for compensation, or exemplary damages and the decision was within that discretion.

The tenant may believe that the decisions were wrong, and he may be correct. But that is what his appeal rights are for. This is not a case for a rehearing.

The application is therefore dismissed.

Reasons

The hearing was conducted by telephone. Both parties attended.

On 4 December the tenants applied for a rehearing on the grounds that the Tribunal should have made awards for those things and that it should look at the evidence.

For the following reasons the tenants have failed to establish the grounds for a rehearing.

The Tribunal has a discretion whether to make an award whether it be for compensation, or exemplary damages and the decision was within that discretion.

The tenant may believe that the decisions were wrong, and he may be correct. But that is what his appeal rights are for. This is not a case for a rehearing.

The application is therefore dismissed.

Tenancy Tribunal case 5024229 — Exemplary damages

At a glance

Tenancy Tribunal case 5024229 — Exemplary damages

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions