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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

97: Evidence

You could also call this:

“This explains how the Tribunal collects and uses information to make fair decisions”

You can’t be asked to make an oath when giving evidence to the Tribunal. Instead, you might be asked to promise to tell the truth. If this happens, someone from the Tribunal will ask you if you promise to tell the truth and if you understand that lying could get you in trouble.

You might be allowed to give your evidence by writing it down and reading it out. If the Tribunal asks, you’ll need to say that what you’ve written is true.

The Tribunal can use any information that it thinks will help it make a good decision, even if that information wouldn’t be allowed in a normal court. But there are some rules about this in section 89.

The Tribunal can use facts that are widely known and accepted as true. It can also choose not to listen to information that isn’t relevant or that’s just repeating something that’s already been said.

When you’re at the Tribunal, you have the same rights as you would in a court when it comes to giving evidence, answering questions, giving information, or showing documents or things to the Tribunal. These rights are explained more in section 101.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95912.

Topics:
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96: Further provisions relating to procedure generally, or

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

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98: Witness summons, or

“Legal document that tells someone they must come to court to give information or bring something important”

Part 3 The Tenancy Tribunal
Procedure

97Evidence

  1. The Tribunal shall not have the power to administer an oath but may require a person giving evidence at a hearing to make a statement promising to tell the truth.

  2. Where a witness is required to make such a statement under subsection (1), a Tenancy Adjudicator or an officer of the Tribunal shall put to the witness the following questions, or words of similar effect, to which the witness shall indicate assent:

    Do you promise to tell the truth? And do you understand that if you fail to tell the truth you will be liable to prosecution for giving false evidence?

  3. The Tribunal may permit a party or witness to give evidence by tendering, or tendering and reading, a written statement and, if the Tribunal so requires, stating it to be the truth.

  4. Subject to section 89, the Tribunal may call for and receive as evidence any statement, document, information, matter, or thing that in its opinion may assist it to deal effectually with the matters before it, whether or not the same would be admissible in a court of law.

  5. The Tribunal may in any proceedings make use of any facts that may be judicially noticed.

  6. The Tribunal shall have power to refuse to accept any evidence or submission that is irrelevant or repetitious.

  7. Without limiting section 101, every person appearing before the Tribunal shall have the same privileges as witnesses have in courts of law in relation to the following matters:

  8. the giving of any evidence and the answering of any questions:
    1. the giving to the Tribunal of any information or statement:
      1. the production to the Tribunal of any document or thing.