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91B: Substituted service, etc
or “ How to tell someone about important papers when you can't give them to them directly ”

You could also call this:

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

If you’re told about a hearing and don’t show up, the Tribunal can still make a decision without you there. They can also dismiss the case or move it to another date.

If both you and the other person don’t come to the hearing, the Tribunal can only make a decision if they have enough written information to do so properly.

When the Tribunal tells you about a hearing, they do it according to section 91. This section explains how they let you know about the hearing.

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Next up: 92A: Tribunal may strike out proceeding

or “The Tribunal can stop a case if it's not fair, takes too long, or doesn't make sense.”

Part 3 The Tenancy Tribunal
Procedure

92Non-attendance at hearing after due notice

  1. Where notice of a hearing has been given to a party in accordance with section 91 and that party does not attend at the hearing, the Tribunal may hear and determine, or dismiss or adjourn, the matter in the absence of that party.

  2. Where subsection (1) applies and neither the applicant nor the other party attends the hearing, the Tribunal may determine the matter only if it is satisfied that it has before it all the written information that it needs to make a proper determination.

Notes
  • Section 92(1): amended, on , by section 36(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
  • Section 92(2): inserted, on , by section 64 of the Residential Tenancies Amendment Act 2010 (2010 No 95).