What was the outcome of Tenancy Tribunal case 5282737?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5282737?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5282737?

The dispute type was not classified.

Where can I read the official tribunal order for case 5282737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13184446-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5282737?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5282737?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5282737?

The dispute type was not classified.

Where can I read the official tribunal order for case 5282737?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13184446-Tribunal_Order.pdf.

194 Wordsworth Road, Manurewa, Auckland 2102 Tenancy Tribunal Case 5282737 — Tenancy dispute

Order

The application is dismissed.

Reasons

Both parties attended the hearing on 14 January 2026.
The tenant seeks compensation for lost belongings against the landlord. The tenant alleges that the landlord has taken her belongings or allowed third parties to help themselves to her belongings sometime between 24 and 25 September 2023.
The landlord denies the tenant’s allegations.
At the 14 January hearing, the tenant requested an opportunity to provide further evidence and testimony from a witness named Keith who presently lives in Australia to substantiate her claim that the landlord had taken her belongings or allowed other people to take her belongings.
I acceded to the tenant’s request for an adjournment and directed that video conference facility should be provided to allow overseas witnesses to attend the next hearing.
The adjourned hearing was scheduled for 13 February 2026.
On 28 January 2026, the tenant emailed the Tribunal registry as follows: I am writing regarding my current Tenancy Tribunal application and the recently rescheduled hearing. After reflecting on the process and what was discussed during the previous hearing, I would like to request that the rescheduled hearing be cancelled and that a decision be made based on the information already provided. It has become clear to me that I do not have sufficient evidence to meet the legal threshold required, despite my genuine belief that my landlord was responsible for the loss of my belongings. I pursued this application because I was seeking justice after multiple high-value items were stolen from my locked room shortly after access was given, and because previous attempts to seek help through police channels did not lead to any outcome. However, I now understand that without stronger evidence, the Tribunal may be unable to find in my favour. Continuing with further hearings is emotionally distressing for me, particularly given that I was previously advised I would not need to directly engage with the landlord, yet I was required to sit alongside them. I do not feel safe or comfortable continuing with further proceedings. For these reasons, I respectfully ask that the hearing be cancelled and that a decision be issued based on the current record, or that the application be withdrawn if that is more appropriate procedurally.
Following the tenant’s request, I vacated the 13 February 2026 hearing and hereby issue my decision on the tenant’s application based on information on hand and the parties’ evidence tendered during the hearing on 14 January 2026.
The tenant has provided a list of items that she considers has been taken by the landlord as well as a perceived value of the items. A police report was lodged on the alleged theft of the tenant’s belongings.
The police did not press charges against the landlord or any other party.
The tenant gave hearsay evidence that Keith had told her that the landlord has taken her belongings or allowed third parties to help themselves to her belongings sometime between 24 and 25 September 2023.
The testimony from this purported witness is essential to the tenant proving her claim, given the nature and severity of the allegation of theft that has been made against her landlord.
The more serious an allegation, the more proof that the claimant must produce in order to substantiate the claim, on the balance of probabilities.
It is not sufficient for the Tribunal to make a finding of fault and theft against the landlord based only on what the tenant heard from an untested/unknown witness and what she believes to have happened to her belongings while she was away from her room.
Mere opportunity of access to her room by the landlord is insufficient to show that it was the landlord who has taken the tenant’s belongings.
More is required of the tenant to substantiate her claim.
Given that the burden of proving the claim of theft and unlawful taking of belongings lies with the tenant, the claim has not been proved to the required standard.
On the evidence on hand, I have not been able to find, on balance, that the landlord has more likely than not, taken the tenant’s belongings, or authorised/instructed third parties to do so.
For those reasons, the tenant’s claim must fail.

Order

The application is dismissed.

Reasons

Both parties attended the hearing on 14 January 2026.
The tenant seeks compensation for lost belongings against the landlord. The tenant alleges that the landlord has taken her belongings or allowed third parties to help themselves to her belongings sometime between 24 and 25 September 2023.
The landlord denies the tenant’s allegations.
At the 14 January hearing, the tenant requested an opportunity to provide further evidence and testimony from a witness named Keith who presently lives in Australia to substantiate her claim that the landlord had taken her belongings or allowed other people to take her belongings.
I acceded to the tenant’s request for an adjournment and directed that video conference facility should be provided to allow overseas witnesses to attend the next hearing.
The adjourned hearing was scheduled for 13 February 2026.
On 28 January 2026, the tenant emailed the Tribunal registry as follows: I am writing regarding my current Tenancy Tribunal application and the recently rescheduled hearing. After reflecting on the process and what was discussed during the previous hearing, I would like to request that the rescheduled hearing be cancelled and that a decision be made based on the information already provided. It has become clear to me that I do not have sufficient evidence to meet the legal threshold required, despite my genuine belief that my landlord was responsible for the loss of my belongings. I pursued this application because I was seeking justice after multiple high-value items were stolen from my locked room shortly after access was given, and because previous attempts to seek help through police channels did not lead to any outcome. However, I now understand that without stronger evidence, the Tribunal may be unable to find in my favour. Continuing with further hearings is emotionally distressing for me, particularly given that I was previously advised I would not need to directly engage with the landlord, yet I was required to sit alongside them. I do not feel safe or comfortable continuing with further proceedings. For these reasons, I respectfully ask that the hearing be cancelled and that a decision be issued based on the current record, or that the application be withdrawn if that is more appropriate procedurally.
Following the tenant’s request, I vacated the 13 February 2026 hearing and hereby issue my decision on the tenant’s application based on information on hand and the parties’ evidence tendered during the hearing on 14 January 2026.
The tenant has provided a list of items that she considers has been taken by the landlord as well as a perceived value of the items. A police report was lodged on the alleged theft of the tenant’s belongings.
The police did not press charges against the landlord or any other party.
The tenant gave hearsay evidence that Keith had told her that the landlord has taken her belongings or allowed third parties to help themselves to her belongings sometime between 24 and 25 September 2023.
The testimony from this purported witness is essential to the tenant proving her claim, given the nature and severity of the allegation of theft that has been made against her landlord.
The more serious an allegation, the more proof that the claimant must produce in order to substantiate the claim, on the balance of probabilities.
It is not sufficient for the Tribunal to make a finding of fault and theft against the landlord based only on what the tenant heard from an untested/unknown witness and what she believes to have happened to her belongings while she was away from her room.
Mere opportunity of access to her room by the landlord is insufficient to show that it was the landlord who has taken the tenant’s belongings.
More is required of the tenant to substantiate her claim.
Given that the burden of proving the claim of theft and unlawful taking of belongings lies with the tenant, the claim has not been proved to the required standard.
On the evidence on hand, I have not been able to find, on balance, that the landlord has more likely than not, taken the tenant’s belongings, or authorised/instructed third parties to do so.
For those reasons, the tenant’s claim must fail.

Tenancy Tribunal case 5282737 — Tenancy dispute at 194 Wordsworth Road, Manurewa, Auckland 2102

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Tenancy Tribunal case 5282737 — Tenancy dispute at 194 Wordsworth Road, Manurewa, Auckland 2102

At a glance

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