The Tenancy Tribunal and Tenancy Services deal with disputes about residential tenancies (rented homes including boarding houses) and unit title disputes. The tribunal holds hearings to settle the disputes.
Before coming to the tribunal, you can try to settle your dispute through mediation. The mediation is run by Tenancy Services, which is part of the Ministry of Business, Innovation and Employment (MBIE).
Tribunal hearings are informal. The tribunal makes decisions about each dispute based on the general principles of the law and the merits and justice of the case. It doesn’t have to follow strict legal technicalities.
Hearings can be held:
in person at court; or
using audio visual services such as teleconference (phone) or by using Microsoft (MS) Teams phone or video. MS Teams is an online meeting platform that uses an internet browser, or the Teams app, which is available on your PC, laptop, tablet or smartphone.
The adjudicator hearing the case will decide if the hearing of the case will be in-person at a court location or whether the hearing will be held using audio visual services. This will be confirmed in the Notice of Hearing that is sent out prior to the hearing date.
If you intend on having a witness give evidence at the hearing you must fill in the witness summons [PDF, 94 KB] form and take it to the court the hearing will be heard in to be signed by the case officer.
Hearings are run by adjudicators
Hearings are heard by unbiased and independent tenancy adjudicators. Most adjudicators are lawyers. They’re appointed by the Governor-General on the advice of the Ministers of Justice and Housing.
Tenancy Services and District Courts both support the tribunal
While Tenancy Services is the main point of contact for the Tenancy Tribunal, its day-to-day work is supported by both Tenancy Services and District Court staff.
Tenancy Services:
accepts tenancy or unit title applications
runs a mediation service
schedules the first hearing if mediation fails or is not used
provides information, education and advice on tenancy and unit title matters
liaise with the people involved once an application is received at the court
manage applications for adjournments (delays to hearings)
manage applications for rehearings and appeals.
Applications that are scheduled for a hearing are transferred to the relevant District Court House, where your case is being heard, 5 days before the hearing. If you have a query about your case or want to withdraw the application within this timeframe, the District Court House, is best placed to assist you. Contact information is available here: https://www.justice.govt.nz/contact-us/find-us/(external link) otherwise you can call 0800 COURTS (0800 268 787)
Tenancy Tribunal orders
After a Tenancy Tribunal hearing has happened, The Tribunal will generally issue an order.
These orders record what happened at the hearing, and explain the decision that has been made.
The Tribunal generally aims to provide orders to parties within 28 days of the hearing date. Please note the complexity of the case and some exceptional circumstances may influence the time taken for an order to be issued.