Tenantcheck Insights · Case study
Tenancy Tribunal case 5252351 — Tenancy dispute
Decided 10 Mar 2026 · Published 10 Mar 2026 · Application 5252351
At a glance
Key facts from the published tribunal order.
Adjudicator
J Yi
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the names and identifying details of both parties.
- The application for rehearing is dismissed.
Reasons
- Both parties attended the hearing on 9 March 2026.
- On 21 October 2025, the Tribunal made an order for the landlord to pay the tenant $19.64.
- On 25 October 2025, the tenant applied for a rehearing on the grounds that the decision was not fair or balanced in both procedural and substantive aspects.
- 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. 5252351, 53125252
- 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.
- Other than highlighting the same points for the claims addressed at the previous hearing, the tenant was unable to provide any new evidence to suggest that a different decision should have been reached.
- There was no elaboration of any procedural or substantive unfairness with the hearing itself or the decision.
- Therefore, I do not find that the tenant has established that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur.
- Accordingly, I cannot find any grounds to order a rehearing of this matter. The tenant’s application for rehearing is dismissed.
- The original order from 21 October 2025 stands.
Residential Tenancies Act sections
s105(1)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5252351 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 5252351?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5252351?
The dispute type was not classified.
Where can I read the official tribunal order for case 5252351?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13261221-Tribunal_Order_Redacted.pdf.
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