Resources
Attending a tenancy hearing
Attending and participating in a Tenancy Tribunal hearing
Tenancy Tribunal hearings are relatively informal compared with court hearings, but they are still structured proceedings in which important decisions can be made. This page explains what you can expect on the day of the hearing, the importance of attending, and what you should bring with you to ensure you are able to present your case effectively.
Important note on currency
This section was originally published on CourtKeys in 2015 as part of a public legal education project. While it remains useful for understanding general legal concepts and processes, some information may now be out of date. Updated and revised material is included in Civil Litigation for Non-Lawyers. This article is provided for general information only and does not constitute legal advice.
The importance of attending the hearing
If you are an applicant who has not received leave to appear by telephone, and if you do not attend the hearing in person, then you run the risk of your claim being dismissed. Similarly, respondents run the risk of an order being made against them if they do not appear either in person or by telephone.
You should contact Tenancy Services as soon as possible if you are unable to attend a hearing. Tenancy Services may be able to assist you to have the hearing postponed for a time.
What to expect at a Tenancy Tribunal hearing
There are no judges in Tenancy Tribunal hearings. The person in charge is called a ‘Tenancy Adjudicator’. That person is carefully selected and trained to determine disputes within the jurisdiction of the Tenancy Tribunal. A ‘determination’ is a decision about the dispute or what should happen, like a judgment. See the part of this text about remedies in the Tenancy Tribunal for more about the kinds of determinations you might expect.
See sections about ‘appearing in a court’ for more about how your Tenancy Tribunal hearing might play out and how you could go about presenting your case. However, keep in mind that a Tenancy Tribunal hearing is generally less formal than a court hearing or trial, and that a Tribunal referee may take on a more investigative role than you might expect of a judge.
Checklist of what to bring to a Tenancy Tribunal hearing
It may be appropriate for you to bring the following items with you to a hearing in the Tenancy Tribunal:
1. A copy of your application form.
2. Any synopsis of argument and bundle of documents you have prepared, as well as copies for the Tenancy Adjudicator and every other party if you have not already disclosed these.
3. Originals of the documents you are relying on as evidence (in addition to any copies or bundles of copied documents).
4. Any witnesses in support of your position.
5. Any small and easily transportable physical evidence that is not a document or a witness and may be helpful.
6. Any support person, lawyer or representative.
Disclaimer
All legal information published on this website is general information about New Zealand law only. It is not legal advice or a substitute for legal advice. It does not address specific circumstances of any particular individual or entity. It may not reflect current law, practice or legal requirements. No warranty, guarantee or undertaking is made about the accuracy or completeness of the information, or about results that may be obtained from the information. No responsibility or liability is assumed or accepted for any actions taken or not taken based on use of the information, or for any direct or indirect losses or damage of any kind arising from use of the information. Specific legal advice should be obtained from a lawyer about any circumstances.