What was Tenancy Tribunal case 5386863 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 5386863?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5386863?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5386863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13687872-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5386863 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 5386863?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5386863?

The primary dispute was Harassment. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5386863?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13687872-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5386863 — Harassment

Tenantcheck Insights

Reasons

Both parties attended the hearing.

On 15 April 2026 the Tribunal made an order finding that the landlord had unlawfully terminated the tenancy and made an award of $1000 general damages, and that the landlord was liable to refund $579 to the tenants for items removed from the bond. The tenant’s claim for exemplary damages was declined as it had been made outside of the timeframe set out at s109 (2) Residential Tenancies Act 1996.

On 21 April 2026, the tenant applied for a rehearing on the grounds that: a. evidence of harassment was not properly considered; b. the Tribunal should have extended an allowance for the making of the exemplary damages claim; and c. personal circumstances had arisen for the tenants which should be taken into account.

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.

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. a. The allegations of harassment were not made out on the evidence, or evidence was considered that it was either equivocal, or did not show a pattern of behaviour. I note this is also a substantive critique of the decision and so is not a suitable ground for rehearing. b. The timeframe is set out in S109 (2) is mandatory. There is no discretion for the Tribunal to allow an extension for a tenant or landlord when making an exemplary damages claim. c. The personal issues referred to in the rehearing application were not put in evidence before the Tribunal at the initial hearing.

The order of 15 April 2026 stands.

Reasons

Both parties attended the hearing.

Has a substantial wrong or miscarriage of justice occurred?

The order of 15 April 2026 stands.

Tenancy Tribunal case 5386863 — Harassment

At a glance

Claims & awards

Tenancy Tribunal case 5386863 — Harassment

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions