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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

91B: Substituted service, etc

You could also call this:

“ How to tell someone about important papers when you can't give them to them directly ”

If someone needs to give you a notice or document for your tenancy, but they can’t do it in the way the law usually says, something different might happen. The Tenancy Tribunal can step in to help if they think enough effort was made to get the notice or document to you.

The Tribunal might tell the person to try a different way to let you know about the notice or document. They might say it counts as given to you when something specific happens or after a certain time passes.

Or, if someone has already tried to let you know, the Tribunal might pick a date and say that’s when you got the notice or document.

Sometimes, the Tribunal might even say it’s okay to go ahead without giving you the notice or document at all, and act like you did get it properly.

This helps make sure important information about your tenancy can still reach you, even if the usual way of sharing it doesn’t work.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3285709.

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91A: Service on tenants following application, or

“How the landlord tells the tenant about a case after they've moved out”

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92: Non-attendance at hearing after due notice, or

“What happens if someone doesn't show up to their hearing after being told about it”

Part 3 The Tenancy Tribunal
Procedure

91BSubstituted service, etc

  1. This section applies if—

  2. a notice or other document that is required to be served on a party is not served in accordance with this Act; and
    1. the Tribunal is satisfied that all reasonable efforts have been made to serve the notice or other document on the party in accordance with this Act.

      1. The Tribunal may—

      2. direct—
        1. that, instead of service in accordance with this Act, specified steps be taken that are likely to bring the notice or other document to the attention of the party; and
          1. that the notice or other document be treated as served on the party on the happening of a specified event or on the expiry of a specified period; or
          2. direct that the notice or other document be treated as served on the party on a specified date, if steps have already been taken that have brought, or are likely to bring or to have brought, the notice or other document to the attention of the party; or
            1. dispense with the requirement for service and proceed as if the notice or other document had been served on the party in accordance with this Act.

              Notes
              • Section 91B: replaced, on , by section 31 of the Residential Tenancies Amendment Act 2016 (2016 No 26).