What was Tenancy Tribunal case 5311639 about?

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

How much money was awarded in case 5311639?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5311639?

The dispute type was not classified.

Where can I read the official tribunal order for case 5311639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13000188-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5311639 about?

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

How much money was awarded in case 5311639?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5311639?

The dispute type was not classified.

Where can I read the official tribunal order for case 5311639?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13000188-Tribunal_Order.pdf.

28 Haumoana Street, Koutu, Rotorua 3010 Tenancy Tribunal Case 5311639 — Tenancy dispute

Tenantcheck Insights

Reasons

Only the landlord attended the videoconference hearing. There was no appearance by the tenants. As both parties have been notified, the hearing proceeded.

On 8 October 2025 the Tribunal issued an order determining the landlord’s application for compensation following the end of the tenancy.

On 9 October 2025 the tenants applied for a rehearing on the grounds that they were unable to attend the hearing due to their vehicle breaking down.

Section 105(1) of the 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.

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?

In this case, the tenants did not attend the hearing at the scheduled time or provide further evidence to support their rehearing application. As explained in the earlier order issued by the Tribunal (when setting the rehearing application for hearing), the tenants will be required to establish, with evidence, why they did not attend the hearing and what steps they took to advise the Tribunal of their difficulties. As they have failed to do so, the grounds for a rehearing have not been established.

Accordingly, the application is dismissed.

Consequently, the stay of proceedings has now lapsed, and the landlord may enforce the original order of 8 October 2025.

Reasons

Only the landlord attended the videoconference hearing. There was no appearance by the tenants. As both parties have been notified, the hearing proceeded.

On 8 October 2025 the Tribunal issued an order determining the landlord’s application for compensation following the end of the tenancy.

On 9 October 2025 the tenants applied for a rehearing on the grounds that they were unable to attend the hearing due to their vehicle breaking down.

Has a substantial wrong or miscarriage of justice occurred?

Accordingly, the application is dismissed.

Consequently, the stay of proceedings has now lapsed, and the landlord may enforce the original order of 8 October 2025.

Tenancy Tribunal case 5311639 — Tenancy dispute at 28 Haumoana Street, Koutu, Rotorua 3010

At a glance

Claims & awards

Tenancy Tribunal case 5311639 — Tenancy dispute at 28 Haumoana Street, Koutu, Rotorua 3010

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

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

Property management

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.