What was the outcome of Tenancy Tribunal case 5123751?

The tribunal order states: The application for rehearing is dismissed on the papers.

How much money was awarded in case 5123751?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5123751?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5123751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11533932-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5123751?

The tribunal order states: The application for rehearing is dismissed on the papers.

How much money was awarded in case 5123751?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5123751?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5123751?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11533932-Tribunal_Order.pdf.

Unit/Flat 10, 170 Coates Avenue, Orakei, Auckland 1071 Tenancy Tribunal Case 5123751 — Rent arrears

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Reasons

The landlord attended the hearing which was conducted by phone. Two attempts to reach the tenant were not successful.

On 4 February 2025 the Tribunal made an order for rent arrears and termination.

On 10 February 2025 Tia Mana Gordon Maihi applied for a rehearing on the grounds that he had received the notice of hearing on the morning of 4 February 2025 and that there was not enough notice for the hearing.

The hearing was set down for 3.15pm on 4 February and proceeded at that time.

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 1 This amended order replaces the order issued on 13 February 2025. The only amendment is at paragraph 3, which now correctly records that it was the tenant who applied for a rehearing, not the landlord. 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 tenant said that he wanted an opportunity to organise payment of the arrears. That is not a reason to grant a rehearing. Under section 55 if the tenant is in arrears by 21 days or more, the Tribunal must terminate the tenancy.

For the following reasons, Tia Maihi has failed to establish the grounds for a rehearing: a. The notice of hearing was issued on 24 January 2025. b. It was emailed to the tenant and SMS messages were sent to his mobile number. c. There is no evidence that the phone number called was incorrect. d. The tenant did receive notice of the hearing which was scheduled for

15 that afternoon. e. Having received the notice of hearing, he made no effort to contact the court to ask for an adjournment. f. He did not answer the phone when called, when he could have asked for an adjournment or negotiate a settlement.

I am not satisfied that a substantial wrong or miscarriage of justice occurred.

Kainga Ora do not need to enforce the order for termination if the parties can reach an agreement about payment.

Reasons

The landlord attended the hearing which was conducted by phone. Two attempts to reach the tenant were not successful.

On 4 February 2025 the Tribunal made an order for rent arrears and termination.

The hearing was set down for 3.15pm on 4 February and proceeded at that time.

Has a substantial wrong or miscarriage of justice occurred?

I am not satisfied that a substantial wrong or miscarriage of justice occurred.

Kainga Ora do not need to enforce the order for termination if the parties can reach an agreement about payment.

Tenancy Tribunal case 5123751 — Rent arrears at Unit/Flat 10, 170 Coates Avenue, Orakei, Auckland 1071

At a glance

Tenancy Tribunal case 5123751 — Rent arrears at Unit/Flat 10, 170 Coates Avenue, Orakei, Auckland 1071

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