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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

96: Further provisions relating to procedure generally

You could also call this:

“ Rules about how the Tenancy Tribunal can change meeting times, extend deadlines, and use technology to hear cases ”

The Tribunal can pause and move a hearing when needed. They can do this if someone asks or if they think it’s necessary. They can choose when and where to continue the hearing.

You can ask the Tribunal to give you more time or to ignore a rule about how things should be done. The Tribunal can say yes, as long as it doesn’t hurt the other person in the case. They can even give you more time after a deadline has passed.

If you’re leaving a tenancy because of family violence or the fear of it, you can ask to give your evidence from far away. The Tribunal must let you do this if they have the right equipment. They might use a phone, a video call, or another way to hear from you.

For other cases, the Tribunal can decide to hear some or all of the case using phones, video calls, or other ways to talk from far away. They’ll only do this if they think it’s okay and they have the right equipment.

The Tribunal can mostly decide how to run things, as long as they follow the law and any rules made about it. The person in charge of your case can give instructions and do what’s needed to hear and decide your case quickly and fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95911.

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Part 3 The Tenancy Tribunal
Procedure

96Further provisions relating to procedure generally

  1. The Tribunal may adjourn a hearing at any time and from time to time and place to place, upon the application of either party to the proceedings or of its own motion, and on such terms as it thinks fit.

  2. The Tribunal may, on the application of any party to any proceedings before the Tribunal,—

  3. extend any time limit; or
    1. if it is satisfied that the other party will not be prejudiced thereby, waive compliance by the applicant with any other procedural requirement,—
        1. prescribed by or under this Act and relating to the proceedings.

      1. The Tribunal may extend any such time limit notwithstanding that the application for the extension is not made until after the expiration of the time appointed or fixed.

      2. The Tribunal must, on the application of any party to proceedings before it relating to withdrawal from a tenancy under section 56B, permit the party’s evidence to be given remotely if the necessary facilities are available.

      3. If evidence is to be given remotely under subsection (3AA), the Tenancy Adjudicator conducting the hearing or a Registrar of the Tribunal may determine which 1 or more of the following are to be used:

      4. telephone:
        1. audiovisual link:
          1. any other remote access facility that the Tenancy Adjudicator or Registrar considers appropriate.

            1. The hearing of any other matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tenancy Adjudicator conducting the hearing considers it appropriate and the necessary facilities are available.

            2. Except as expressly provided in this Act or in any regulations made under this Act, the Tribunal may regulate its own procedure in such manner as it thinks fit.

            3. Subject to the provisions of this Act and of any regulations made under this Act, and to any directions of the Principal Tenancy Adjudicator under section 115, the Tenancy Adjudicator who is sitting in any particular case, or, where 2 or more Tenancy Adjudicators are sitting, the Tenancy Adjudicator who is presiding, may give all such directions and do all such things as are necessary or desirable for the expeditious and just hearing and determination of the case.

            Notes
            • Section 96(3AA): inserted, on , by section 55(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 96(3AB): inserted, on , by section 55(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 96(3A): inserted, on , by section 261(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 96(3A): amended, on , by section 55(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 96(5): amended, on , by section 261(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).