What was Tenancy Tribunal case 5439413 about?

The tribunal order states: The application by [The tenant/s] is struck out.

How much money was awarded in case 5439413?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5439413?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5439413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13151287-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5439413 about?

The tribunal order states: The application by [The tenant/s] is struck out.

How much money was awarded in case 5439413?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5439413?

The primary dispute was Rent arrears. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5439413?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13151287-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 1, 46 Dominion Road, Nawton, Hamilton 3200 Tenancy Tribunal Case 5439413 — Rent arrears

Tenantcheck Insights

Reasons

On 6 February 2026 the tenant applied to the Tribunal seeking a stay of proceedings in respect of orders made under application 5361283. The Tribunal had sealed a mediation order for the payment of rent arrears and other items of compensation. This also included a conditional termination order.

When the tenant had failed to pay rent according to the terms of the mediator’s order, the landlord moved towards terminating the tenancy and regaining possession of the property. The tenant filed a rehearing application relating to the mediator’s order for termination of the tenancy and its enforcement by the landlord, which was dismissed in a Tribunal order dated 7 February 2026. An eviction order was enforced on 9 February 2026 and the tenancy has come to an end.

In the current application the tenant stated that she had received an eviction order to take effect on 9 February 2026 and when she had applied for a rehearing of application 5361283 she had overlooked requesting a stay of proceedings at the same time.

The law relating to the Tribunals powers to strike out a proceeding are set out in s.92A Residential Tenancies Act 1986. The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it— (a)discloses no reasonable cause of action; or (b)is likely to cause prejudice or delay; or (c)is frivolous or vexatious; or (d)is otherwise an abuse of process.

I find that the Tribunal should exercise its discretion in relation to the claim of the tenant for a stay of proceedings. A rehearing application has been considered and dismissed by the Tribunal. The Act provides that the Tribunal has to power to grant stay of proceedings in the situation where a rehearing was granted. That is not the case here and hence the tenant has no probable cause of action and it is appropriate the claim is struck out. In addition any order for a stay of proceedings would be nugatory.

As part of the current application the tenant had also sought exemplary damages in relation to the conduct of KO staff: Staff from Kainga Ora kept coming to the property and Anna another property manager tried to get me to sign a form or notice to vacate the property also numerous times and I needed to ask them to leave as my child asked if we were arguing. Staff did not have the mediation order enforced it was sealed but not enforced when they tried to self evict or self help me.

The tenant had made in earlier application, 5412525 on exactly the same grounds. The tenant’s application was fully considered by the Tribunal and on 11 February 2026 the application was dismissed.

I find it is appropriate that the Tribunal exercise its discretion and strike out this part of the application on the basis of an abuse of process.

Reasons

The tenant had made in earlier application, 5412525 on exactly the same grounds. The tenant’s application was fully considered by the Tribunal and on 11 February 2026 the application was dismissed.

I find it is appropriate that the Tribunal exercise its discretion and strike out this part of the application on the basis of an abuse of process.

Tenancy Tribunal case 5439413 — Rent arrears at Unit/Flat Unit 1, 46 Dominion Road, Nawton, Hamilton 3200

At a glance

Tenancy Tribunal case 5439413 — Rent arrears at Unit/Flat Unit 1, 46 Dominion Road, Nawton, Hamilton 3200

At a glance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions