What was the outcome of Tenancy Tribunal case 5438960?

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

How much money was awarded in case 5438960?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5438960?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5438960?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13699142-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5438960?

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

How much money was awarded in case 5438960?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5438960?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 5438960?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13699142-Tribunal_Order.pdf.

45B Grand Drive, Remuera, Auckland 1050 Tenancy Tribunal Case 5438960 — Rent arrears

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Reasons

Both parties attended the hearing.

On 8 th May 2026, the Tribunal made an order for termination of the tenancy for rent arrears.

On 9 May 2026 , Jiawei Sun applied for a rehearing on the grounds that the time frame to vacate was too short, that the tenant has paid the overdue rent now and she will not miss rent payments again. Furthermore, she paid the rent arrears on the last day of the 14 day notice. As a result of these claims, she says a miscarriage of justice has occurred.

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 Jiawei Sun has failed to establish the grounds for a rehearing.

Section 105 of the Residential Tenancies Act 1986 provides that the Tribunal may order a rehearing only if a substantial wrong or miscarriage of justice has occurred or may occur.

The District Court has confirmed that something more than simply being unhappy with the decision is required; there must be a serious issue, such as a significant procedural error or new evidence that was not reasonably available at the original hearing and could reasonably lead to a different result.

In this case, the tenant’s application for rehearing does not raise any concerns about procedural unfairness or a miscarriage of justice. There is no indication that a substantial wrong has occurred, nor has any new and compelling evidence been provided.

For these reasons, the application for rehearing is declined.

Reasons

Both parties attended the hearing.

On 8 th May 2026, the Tribunal made an order for termination of the tenancy for rent arrears.

Has a substantial wrong or miscarriage of justice occurred?

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

Section 105 of the Residential Tenancies Act 1986 provides that the Tribunal may order a rehearing only if a substantial wrong or miscarriage of justice has occurred or may occur.

For these reasons, the application for rehearing is declined.

Tenancy Tribunal case 5438960 — Rent arrears at 45B Grand Drive, Remuera, Auckland 1050

At a glance

Tenancy Tribunal case 5438960 — Rent arrears at 45B Grand Drive, Remuera, Auckland 1050

At a glance

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Has a substantial wrong or miscarriage of justice occurred?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions