What was the outcome of Tenancy Tribunal case 5283146?

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

How much money was awarded in case 5283146?

The reconciled net award was $27.00.

What type of tenancy dispute was case 5283146?

The dispute type was not classified.

Where can I read the official tribunal order for case 5283146?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12292477-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5283146?

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

How much money was awarded in case 5283146?

The reconciled net award was $27.00.

What type of tenancy dispute was case 5283146?

The dispute type was not classified.

Where can I read the official tribunal order for case 5283146?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12292477-Tribunal_Order.pdf.

60C Jack Boyd Drive, Mangawhai Heads, Mangawhai 0573 Tenancy Tribunal Case 5283146 — Tenancy dispute

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Order

The application for rehearing is dismissed.

By consent, the order dated 24 July 2025 is amended. The first order, regarding termination of the tenancy is replaced with the following: The tenancy of Monique Tonga at 60C Jack Boyd Drive, Mangawhai Heads, Mangawhai 0573 is terminated, and possession is granted to Jennifer Allan, at 12.59pm on WEDNESDAY 27 AUGUST 2025.

Reasons

Background

On 24 July 2025 I made orders that: a. Ms Tonga’s tenancy was to terminate at 12.00 noon on Monday 28 July 2025; and b. Ms Tonga was to pay Ms Allan $27.00 immediately.

On 25 July, Ms Tonga applied for a re-hearing.

The re-hearing application hearing took place by phone today, 20 August 2025. Outcome

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”.

Ms Tona did not participate in the original hearing on 24 July. I understand that Ms Tonga was having problems with her phone. Ms Tonga provided a new contact phone number in her re-hearing application.

There is always a risk of an injustice when the Tribunal makes a decision without having heard from one of the parties.

However, in this instance Ms Tonga did not deny the noise / disruption of neighbours issues set out in the previous decision. Ms Tonga did not introduce any new evidence.

It is not the case that a “substantial wrong or miscarriage of justice” has occurred. The landlord is entitled to an order for termination of the tenancy.

Ms Tonga asked for more time because has not been able to find a new property yet. She also needs time to pack up and remove her belongings. I understand that Ms Tonga has young children.

Ms Allan agreed to extend the end date to Wednesday 27 August 2025. That will be the last day of the tenancy.

The application for a re-hearing is dismissed. I have made an order by consent noting the new agreed termination date.

For the avoidance of doubt, the order that Ms Tonga is to pay Ms Allan $27.00 immediately remains in force.

Order