What was the outcome of Tenancy Tribunal case 5394493?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 5394493?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5394493?

The dispute type was not classified.

Where can I read the official tribunal order for case 5394493?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13658507-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5394493?

The tribunal order states: The application for rehearing is dismissed.

How much money was awarded in case 5394493?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5394493?

The dispute type was not classified.

Where can I read the official tribunal order for case 5394493?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13658507-Tenancy_Tribunal_Order.pdf.

Unit/Flat Flat 1, 130 Stancombe Road, Flat Bush, Auckland Tenancy Tribunal Case 5394493 — Tenancy dispute

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Reasons

On 14 January 2026 the Tribunal made a conditional termination order.

Valentina Nunez, the tenant, applied for a rehearing (out of time) on the grounds that she was unable to attend due to her son’s hospitalisation and she was unaware of the hearing and outcome. She also raised issues regarding rent payments through Work and Income.

Section 105(1) Residential Tenancies Act 1986 provides that the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.

Usually the party applying for the rehearing must show that something went wrong with the Tribunal’s procedure, for example, that they did not receive notice of the hearing or they were not able to properly present their case. A rehearing may also be granted where there is new evidence that was not reasonably available at the first hearing, if it could have affected the outcome.

The District Court has held that if the Tribunal was simply wrong in its findings of fact, or its application of the law, this is not sufficient to establish a miscarriage of justice: a rehearing is not an alternative to an appeal. Furthermore, a rehearing will not be granted just because a party is unhappy with the decision, or to give them a second opportunity to present their case.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons the tenant has failed to establish the grounds for a rehearing.

This matter was set down for hearing by way of video conference.

The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled.

The landlord attended the hearing.

Hearing notices were issued to both parties on 10 April 2026. The notices clearly set out the date and time of the hearing, the mode of attendance (video conference), and provided the necessary access link and contact details to attend by teleconference should a party not be able to join by video link.

I am satisfied that the notices were properly served in accordance with the requirements of the Residential Tenancies Act 1986 and the Tribunal’s usual processes. There is no evidence before me to suggest that either party did not receive notice of the hearing.

In addition, the tenant did not comply with the Tribunal’s directions of 6 April 2026. No further information or evidence was filed to establish or to demonstrate that a substantial miscarriage of justice may have occurred.

The onus rests with the rehearing applicant to actively pursue the application and to satisfy the statutory threshold under section 105(1) of the Act. In the absence of the applicant (the tenant), and without any supporting evidence addressing the Tribunal’s directions, the rehearing application cannot proceed.

Accordingly, the application for rehearing is dismissed and the original order made by the Tenancy Tribunal on 14 January 2026 stands.

Reasons

On 14 January 2026 the Tribunal made a conditional termination order.

Has a substantial wrong or miscarriage of justice occurred?

For the following reasons the tenant has failed to establish the grounds for a rehearing.

This matter was set down for hearing by way of video conference.

The tenant did not attend the hearing at the scheduled time, request an adjournment, or notify the Tribunal the matter has settled.

The landlord attended the hearing.

Accordingly, the application for rehearing is dismissed and the original order made by the Tenancy Tribunal on 14 January 2026 stands.

Tenancy Tribunal case 5394493 — Tenancy dispute at Unit/Flat Flat 1, 130 Stancombe Road, Flat Bush, Auckland

At a glance

Claims & awards

Tenancy Tribunal case 5394493 — Tenancy dispute at Unit/Flat Flat 1, 130 Stancombe Road, Flat Bush, Auckland

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions