What was Tenancy Tribunal case 5060969 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 5060969?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5060969?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466860-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5060969 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 5060969?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5060969?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5060969?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11466860-Tribunal_Order_Redacted.pdf.

25 Stephens Crescent, Highbury, Palmerston North 4412 Tenancy Tribunal Case 5060969 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the teleconference hearing to consider an application for rehearing.

On 18 th December 2024, the Tribunal made an order for rent arrears and termination.

On 16 th January 2025, the tenant applied for a rehearing on the grounds that she had not received the notice of hearing for the second Tribunal meeting.

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 has failed to establish the grounds for a rehearing.

The tenant was able to receive the notice of hearing for the first Tribunal hearing, yet no explanation was given as to why she would not have received the second notice of hearing.

Further to that, a stay of proceedings was granted on the condition that the tenant continues to pay rent. However, the tenant missed her rent due an intermediary not paying the money on time.

As a result, the original order was enforced and the tenancy has now been terminated.

As the original order was for rent arrears and termination, I find that there is not only no grounds for a rehearing but that any rehearing would not be particularly useful as the tenancy has already been terminated.

Accordingly, the application for a rehearing is dismissed.

Reasons

Both parties attended the teleconference hearing to consider an application for rehearing.

On 18 th December 2024, the Tribunal made an order for rent arrears and termination.

On 16 th January 2025, the tenant applied for a rehearing on the grounds that she had not received the notice of hearing for the second Tribunal meeting.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons, the tenant has failed to establish the grounds for a rehearing.

The tenant was able to receive the notice of hearing for the first Tribunal hearing, yet no explanation was given as to why she would not have received the second notice of hearing.

Further to that, a stay of proceedings was granted on the condition that the tenant continues to pay rent. However, the tenant missed her rent due an intermediary not paying the money on time.

As a result, the original order was enforced and the tenancy has now been terminated.

Accordingly, the application for a rehearing is dismissed.

Tenancy Tribunal case 5060969 — Rent arrears at 25 Stephens Crescent, Highbury, Palmerston North 4412

At a glance

Tenancy Tribunal case 5060969 — Rent arrears at 25 Stephens Crescent, Highbury, Palmerston North 4412

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