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Progressing a tenancy claim
From application to hearing
Once a Tenancy Tribunal application has been accepted, the claim will progress either through mediation or directly to a Tribunal hearing. This page explains how claims move forward after filing, including how and when hearings are allocated and what to do if you need to request a change to a scheduled hearing.
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 While it remains useful for understanding general legal concepts and processes, some information may now be out of date.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.
Allocation of a Tenancy Tribunal hearing
A Tenancy Tribunal hearing will be allocated for your case if you are not able to reach agreement at mediation or if you bypass mediation entirely. Tribunal hearings are conducted by Tenancy Adjudicators in many District Courts.
Notice of hearing
The Tenancy Tribunal should notify you of the date, time and place of your hearing once it has been allocated. The notice may also contain other information such as what you should bring to the hearing or file with the Tribunal beforehand. You should take care to meet any deadlines for filing things in the Tribunal. Also, keep in mind that you could contact Tenancy Services or the Tribunal with any questions or issues you may have about the hearing or what you need to do to get your case ready.
You should contact the Tenancy Tribunal as soon as possible if you might not be able to attend a hearing because of the time or place that is allocated for it. The Tribunal may be able to adjourn the time, change the place or otherwise accommodate your needs so long as you can show good reason for doing so. You should contact the Tribunal at the District Court that is to hear your case or Tenancy Services to find out how best to apply for a change and who you should make your application to. A written application may be required.
Generally, any written application for a change to an allocated hearing may include:
1. Details of your particular Tenancy Tribunal application, such as:
1.1. The particular District Court that is dealing with your Tenancy Tribunal application.
1.2. Any reference number assigned to your case (if known).
1.3. Who the parties to the case are.
2. Details of the hearing, such as:
2.1. The date and time when the hearing has been allocated to take place.
2.2. The place where the hearing will take place.
2.3. The name of the Tenancy Adjudicator who will conduct the hearing (if known).
3. That you are making an application to change the allocated hearing, and details of the proposed change. For example, an adjournment to a date after 7 May.
4. Your name, and clearly identifying that it is you who is making the application.
5. The reasons why you are making the application, and the reasons why it should be granted. For example, that you have an appointment to treat an illness on the day allocated for the hearing, that your health will suffer if you do not receive the treatment around that date and that the appointment cannot be rescheduled to another time around that date.
6. Your contact details.
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.