What was Tenancy Tribunal case 5051708 about?

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

How much money was awarded in case 5051708?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5051708?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5051708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12669966-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5051708 about?

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

How much money was awarded in case 5051708?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5051708?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5051708?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12669966-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5051708 — Rent arrears

Tenantcheck Insights

Reasons

The landlord attended the hearing. Two calls to the tenant applicant for a rehearing went unanswered and to voicemail.

On 10 February 2025 the Tribunal made an order for rent arrears, outgoings and compensation in favour of the landlord.

On 18 September 2025, Andrea Kightley applied out of time for a rehearing on the grounds that her telephone number had changed and she was not aware of the hearing.

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 Andrea Kightley has failed to establish grounds for a rehearing. a. The bulk of the monetary orders had been previously agreed between the parties in a sealed mediated order. b. The email in use by the tenant has remained the same, meaning notices of hearings and the release of the order were notified. c. The parties had discussed a time payment for the debts but this was never followed up by the tenant. This was open to her both before, and after, the order was made. d. There is no obvious excuse for the out-of-time application. e. Her non-attendance means the application should be dismissed regardless.

The application for a rehearing is dismissed and the order may be enforced. If the tenant genuinely wants to arrange a time payment plan other than through enforcement she should reengage with the landlord immediately.

A copy of the 10 February 2025 order has been sent to the tenant via her current email address.

Reasons

The landlord attended the hearing. Two calls to the tenant applicant for a rehearing went unanswered and to voicemail.

On 10 February 2025 the Tribunal made an order for rent arrears, outgoings and compensation in favour of the landlord.

On 18 September 2025, Andrea Kightley applied out of time for a rehearing on the grounds that her telephone number had changed and she was not aware of the hearing.

Has a substantial wrong or miscarriage of justice occurred?

A copy of the 10 February 2025 order has been sent to the tenant via her current email address.

Tenancy Tribunal case 5051708 — Rent arrears

At a glance

Tenancy Tribunal case 5051708 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions