What was Tenancy Tribunal case 5153177 about?

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

How much money was awarded in case 5153177?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5153177?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5153177?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11804989-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5153177 about?

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

How much money was awarded in case 5153177?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5153177?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5153177?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11804989-Tribunal_Order.pdf.

281 Jesmond Road, Karaka, RD 2, Papakura 2578 Tenancy Tribunal Case 5153177 — Rent arrears

Reasons

Both parties attended the hearing.

On 16 April 2025, the Tribunal made an order for termination of the tenancy and rent arrears.

On 24 April 2025, [The tenant/s] tenant/s] applied for a rehearing on the grounds that she had a court hearing the same day as the Tribunal hearing, she was in A & E the previous day, she suffers from mental health issues, and she says she did not receive any paperwork for 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. 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 I find that Ms Butcher has failed to establish the grounds for a rehearing. (a) Ms Butcher left the call during the original hearing and did not answer when she was called back. She has not provided any reason why this occurred. Ms Butcher was clearly not in court during the call and the fact that she may have been due in court that day has no relevance. I am satisfied that Ms Butcher received multiple notifications about the hearing. (b) While I accept that Ms Butcher may have complicated health issues which have been exacerbated by recent family issues and she has been feeling overwhelmed, this has no bearing on whether or not a rehearing should be granted. (c) On 13 March 2025, a copy of the application was both posted and emailed to Ms Butcher. I do not accept her evidence that she did not receive any paperwork. Ms Butcher confirmed at the hearing that she has in fact been receiving emails. In any event, she does not dispute that she owes the outstanding rent. (d) The arrears remain substantial at more than 14 weeks in arrears. No payments of rent have been made since the last hearing and no rent paid since 2 December 2024. (e) This rehearing application was set down for hearing on the condition that Ms Butcher continue to pay weekly rent in accordance with Tribunal order dated 28 April 2025. As Ms Butcher missed the rent payment due on 30 April, the order has been breached, the stay of proceedings has lapsed, and the original order may be enforced. This renders this application moot.

I am satisfied there has been no substantial wrong or miscarriage of justice therefore the application for rehearing is dismissed.

Order

The application for rehearing is dismissed.
The stay of proceedings is lifted, and the landlord may enforce the original order dated 16 April 2025 immediately.

Reasons

Both parties attended the hearing.
On 16 April 2025, the Tribunal made an order for termination of the tenancy and rent arrears.
On 24 April 2025, [The tenant/s] tenant/s] applied for a rehearing on the grounds that she had a court hearing the same day as the Tribunal hearing, she was in A & E the previous day, she suffers from mental health issues, and she says she did not receive any paperwork for 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. 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 I find that Ms Butcher has failed to establish the grounds for a rehearing. (a) Ms Butcher left the call during the original hearing and did not answer when she was called back. She has not provided any reason why this occurred. Ms Butcher was clearly not in court during the call and the fact that she may have been due in court that day has no relevance. I am satisfied that Ms Butcher received multiple notifications about the hearing. (b) While I accept that Ms Butcher may have complicated health issues which have been exacerbated by recent family issues and she has been feeling overwhelmed, this has no bearing on whether or not a rehearing should be granted. (c) On 13 March 2025, a copy of the application was both posted and emailed to Ms Butcher. I do not accept her evidence that she did not receive any paperwork. Ms Butcher confirmed at the hearing that she has in fact been receiving emails. In any event, she does not dispute that she owes the outstanding rent. (d) The arrears remain substantial at more than 14 weeks in arrears. No payments of rent have been made since the last hearing and no rent paid since 2 December 2024. (e) This rehearing application was set down for hearing on the condition that Ms Butcher continue to pay weekly rent in accordance with Tribunal order dated 28 April 2025. As Ms Butcher missed the rent payment due on 30 April, the order has been breached, the stay of proceedings has lapsed, and the original order may be enforced. This renders this application moot.
I am satisfied there has been no substantial wrong or miscarriage of justice therefore the application for rehearing is dismissed.

Tenancy Tribunal case 5153177 — Rent arrears at 281 Jesmond Road, Karaka, RD 2, Papakura 2578

At a glance

Claims & awards

Tenancy Tribunal case 5153177 — Rent arrears at 281 Jesmond Road, Karaka, RD 2, Papakura 2578

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.