How much money was awarded in case 5163617?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5163617?

The dispute type was not classified.

Where can I read the official tribunal order for case 5163617?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11861108-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5163617?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5163617?

The dispute type was not classified.

Where can I read the official tribunal order for case 5163617?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11861108-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5163617 — Tenancy dispute

Q: What was Tenancy Tribunal case 5163617 about?

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

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.
This application is closed until the landlord is able to provide further details as to the tenants service address which comply with the requirements of the residential tenancy act 1986. The landlord can request that the application be brought back before to the Tribunal with new evidence in respect of the service address and the matter will be re-opened.

Reasons

Both parties attended the hearing.
The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail.
The tenancy ended on 2 December 2024. The landlord’s application was filed with tenancy services on 12 February 2025.
Section 91A Residential Tenancy Act 1986 provides that where a landlord files an application with the Tribunal more than two months after the termination of the tenancy, the landlord is required to comply with the service requirements set out in section 91A(2) RTA. Those requirements have not been complied with by the landlord.
Where service has not been effected in accordance with the Act, s. 91B RTA provides that the Tribunal may make an order for substituted service or dispense with service altogether. It may then hear and determine the application provided the Tribunal is satisfied that all reasonable efforts have been made to serve the other party in accordance with the Act. This may allow a proceeding, which is otherwise effectively halted because the other party has disappeared, to progress. However, the Tribunal is likely to be cautious in its use of s 91B RTA, particularly to dispense with service altogether, in light of the fundamental principle of law that a person should have an opportunity to be heard on a claim.
This view is supported by cases from higher courts which have emphasised the importance of service in bringing proceedings to the attention of the respondent, and have noted that the Tribunal should not proceed with a hearing when it is clear the respondent has no knowledge of the proceedings. To do so creates the possibility of a fundamental miscarriage of justice. (See Goston v Jamieson [2001] DCR 361 where Judge Joyce commented: “If the Court [or Tribunal] cannot be satisfied about service, then something that goes to the fundamentals of justice is absent. For a matter to proceed without adequate proof of service is for justice to miscarry in a substantial way.”
In this hearing, the landlord said that the e-mail address provided for the tenant had been confirmed by the tenant in a verbal conversation, after the tenant had vacated the premises. The landlord says that it may have been 3 to 4 weeks later. In the circumstances, I am not prepared to make an order for substituted service, as I am not satisfied that the landlord has made all reasonable efforts to serve the notice on the tenant in accordance with the service requirements of the Act.
In the event that the landlord is able to provide details of the current service address for the tenant at some stage in the future, the application can be reopened and dealt with at that time. The file will remain closed until then.
The party names and details will remain suppressed in the interim as there is no public interest in this matter.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s and Landlord’s name and identifying details.

This application is closed until the landlord is able to provide further details as to the tenants service address which comply with the requirements of the residential tenancy act 1986. The landlord can request that the application be brought back before to the Tribunal with new evidence in respect of the service address and the matter will be re-opened.

Reasons

Both parties attended the hearing.

The tenant did not attend the hearing by Teams video link. A telephone call was made to the tenant on the number provided at the allocated hearing time. The call went to voicemail.

The tenancy ended on 2 December 2024. The landlord’s application was filed with tenancy services on 12 February 2025.

Section 91A Residential Tenancy Act 1986 provides that where a landlord files an application with the Tribunal more than two months after the termination of the tenancy, the landlord is required to comply with the service requirements set out in section 91A(2) RTA. Those requirements have not been complied with by the landlord.

Where service has not been effected in accordance with the Act, s. 91B RTA provides that the Tribunal may make an order for substituted service or dispense with service altogether. It may then hear and determine the application provided the Tribunal is satisfied that all reasonable efforts have been made to serve the other party in accordance with the Act. This may allow a proceeding, which is otherwise effectively halted because the other party has disappeared, to progress. However, the Tribunal is likely to be cautious in its use of s 91B RTA, particularly to dispense with service altogether, in light of the fundamental principle of law that a person should have an opportunity to be heard on a claim.

This view is supported by cases from higher courts which have emphasised the importance of service in bringing proceedings to the attention of the respondent, and have noted that the Tribunal should not proceed with a hearing when it is clear the respondent has no knowledge of the proceedings. To do so creates the possibility of a fundamental miscarriage of justice. (See Goston v Jamieson [2001] DCR 361 where Judge Joyce commented: “If the Court [or Tribunal] cannot be satisfied about service, then something that goes to the fundamentals of justice is absent. For a matter to proceed without adequate proof of service is for justice to miscarry in a substantial way.”

In this hearing, the landlord said that the e-mail address provided for the tenant had been confirmed by the tenant in a verbal conversation, after the tenant had vacated the premises. The landlord says that it may have been 3 to 4 weeks later. In the circumstances, I am not prepared to make an order for substituted service, as I am not satisfied that the landlord has made all reasonable efforts to serve the notice on the tenant in accordance with the service requirements of the Act.

In the event that the landlord is able to provide details of the current service address for the tenant at some stage in the future, the application can be reopened and dealt with at that time. The file will remain closed until then.

The party names and details will remain suppressed in the interim as there is no public interest in this matter.

Tenancy Tribunal case 5163617 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5163617 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions