Tenancy Tribunal - Notice of Hearing – Adjournment

Residential Tenancies Act 1986, sections 77 and 91

20 February 2024

Application Number: 4730429

An adjournment has been granted and a new date and time is set to hear this matter.

The Tribunal will consider the below noted section(s) of the Residential Tenancies Act 1986 and any other matters
raised by the application.

Application Number 4730429

Applicant John Kemara As Trustee For Te Po Ki Te Ao Marama Tihei Mauriora

Respondent Sari Steed

Tenancy Address 53 Blackburn Street, Frankton, Hamilton 3204

Location: Start Date and Time End Date and Time
Hamilton Tenancy Tribunal,Tenancy 18 March 2024 9:30 18 March 2024 4:30
Hearing Details Hearing Room 1, Ground Floor,0 Anzac AM PM
Parade, Hamilton Central, Hamilton 3204,
High Court Building

Bond Number

Bond Balance $
Claims Raised Current Tenancy
Termination/possession - s 50A, 55, 56, 64, 77, 78
Rent Arrears - s 40(1)(a), 77(2)(k), 78(1)(d)
Application fee refund - s 102(4)
 Frequently asked questions

About the Tenancy Tribunal

The Tenancy Tribunal is part of the Ministry of Justice. If a tenant and landlord have problems they can’t resolve
between them, the Tribunal can decide for them. The person who decides the outcome of an application is
called an Adjudicator and their decision is binding on all parties.

Tenancy Services, which is part of the Ministry of Business, Innovation and Employment, help with the process
by managing and scheduling applications for the Tribunal.

Solicitors, Lawyers and Representatives

Parties normally represent themselves at the Tribunal. However, there is a right of representation where the
claim exceeds $6,000, or if the other party consents. To be represented by a lawyer or representative in any
other situation will require the approval of the Tenancy Tribunal. Any request for approval should be sent to
Tenancy Services, in advance of the hearing.

What if I have issues which are not included in this application?

The Tribunal will only consider issues contained in the application. If you are the applicant and have more claims
to add, you must update your application with the details and supporting evidence as soon as possible. If you are
the respondent and you have other issues you would like the Tribunal to consider, you must make your own
application.

How can I provide more information before the Hearing?

You can provide additional evidence to Tenancy Services up until five working days before the hearing date.
After that the information needs to be provided to the Ministry of Justice. A copy of all information provided will
be sent to the other party.

If you provide additional information within five working days before the hearing date, an attempt will be made
to provide this information to the other party, but you should also provide the other party with a copy. If the
other party has not been made aware of it, the information may not be considered at the hearing.

Where can I get help or advice?

General information about the rights and responsibilities of tenants and landlords is available on Tenancy
Services website or you can call Tenancy Services on 0800 836 262. You can also get free advice from the
Community Law Service. You can find a copy of the Residential Tenancies Act 1986 on the New Zealand
Legislation website.

What can I do to help get the Bond money refunded?

If refund of the bond is decided at this hearing, Tenancy Bond Services (TBS) will receive notification of this
decision and your contact details as recorded in this application. You can call TBS on 0800 TENANCY (0800 83 62
62) and confirm your current bank account information to avoid unnecessary delay in processing the refund.
What do I bring to the Hearing?
All evidence should be provided before the hearing. If there is new evidence which cannot be provided before
the hearing, you should bring three copies of new written evidence to the hearing on the day. Evidence may
include for example, the tenancy agreement, rent records, quotes, invoices, inspection records, photographs,
letters, emails, and printed copy of text messages.

Photos You can provide photos by uploading them to your application, or you can print three copies of
any photo(s) to the hearing.

Video/Audio A special request must be made in advance of the hearing if you want to present video or
audio evidence.

Support You can bring a support person with you. They sit in the hearing room with you but may not
speak and cannot be a witness

It is recommended that you bring a full copy of all the application documents and evidence with you to the
hearing.

Do I have to attend the Hearing?

If you are the applicant and do not appear, the application is likely to be dismissed, and costs may be awarded
against you.

If you are the other party and do not appear, your view will not be heard and the Tribunal will still be able to
decide, which may mean that you have to pay money or leave the tenancy.

If you do not wish to attend the hearing, you may provide a written statement in advance of the hearing setting
out your claim or response to the claim, that the Tribunal can consider.

What happens at the Tenancy Tribunal?

The parties will have an opportunity to tell their story in relation to the claims raised in the application(s). It is a
good idea to make a summary of what you would like to tell the Adjudicator about the claims, to make sure you
don’t miss anything. You may be asked questions by the Adjudicator or the other party. The Adjudicator will
listen to what everyone has to say and then decide, taking into consideration the relevant law. There is limited
time scheduled for the hearing, so the Adjudicator may provide some restrictions around what is presented,
given the time available.

Can I bring a witness?

If you have witnesses, they can be called to give evidence. They usually wait outside the courtroom until they are
called in. If you have a witness who does not agree to attend, they can be summoned. You will need to contact
Tenancy Services at least five working days before the hearing to make this request. Statements or letters from
witnesses may be admitted as evidence but will not carry as much weight as if the witness is present at the
hearing.
What happens if things get sorted out before the Hearing?
Please contact Tenancy Services if your dispute gets resolved, so we can cancel the hearing.

Decision of the Adjudicator

The Adjudicator may tell you what the decision is at the hearing, but a decision will always be sent to you in
writing. Decisions are normally sent by email if we have your email address, otherwise it will be posted.

What if people don’t obey the Tribunal Order?

Tenancy Tribunal orders can be enforced by the Collections Unit, who are part of the Ministry of Justice. There is
a fee charged for most enforcement actions. Any fees you pay for enforcement can be recovered from the
person owing the money. This means the fees can be added to the money they owe.

Do I need to make my own application

The Tenancy Tribunal can only hear claims raised in an application. If you are the respondent and

Yes You want the Adjudicator to consider claims that are different from the ones already raised, you must
make your own application.

No You want to defend the claims made against you, then you do not need to make your own application.

Teleconference and video hearings

The Tenancy Tribunal conducts some hearings by video or telephone. This hearing has been scheduled to take
place in person in a courthouse. The parties can request to attend the hearing by video or telephone, but that
would need to be approved by the Adjudicator in advance.

How do I contact the Tribunal

Tenancy Services manages the hearings until 5 days before the first scheduled hearing. Within 5 days of the first
scheduled hearing, the Ministry of Justice manages the case. Here are our contact details:

TENANCY SERVICES
Phone: 0800 TENANCY (0800 836 262)

Email: info@tenancy.govt.nz

If you are the applicant and you made your application online, you may continue to update your application
online until five working days before the hearing date by logging into your account at www.tenancy.govt.nz and
select 'Update' for the application number provided on the first page of this Notice.

MINISTRY OF JUSTICE
Phone: 0800 COURTS (0800 268 787)

Or contact the court at the court location noted on the first page of this Notice.