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New Zealand law explained for everyone

Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

105: Rehearings

You could also call this:

“You can ask for a case to be heard again if something went really wrong the first time”

If something goes really wrong or is unfair in your case at the Tribunal, you can ask for a rehearing. This means the Tribunal will look at your case again, either the whole thing or just a part of it.

If you want a rehearing, you need to ask for it within 5 working days after the Tribunal makes its decision. Sometimes, the Tribunal might give you more time to ask. You need to send your request to the right person at the Tribunal, called a Registrar.

When you ask for a rehearing, the Tribunal will tell the other person in your case about it as soon as they can.

Just because you ask for a rehearing doesn’t mean your case will stop. Everything will keep going unless the Tribunal says it should stop.

The Tribunal can say yes to a rehearing if they think it’s a good idea. They might also tell everyone to pause the case while they think about it.

It’s important to know that these rules don’t apply to cases under section 25. That section has different rules.

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 It might be out of date or be missing some parts.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=DLM95927.

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Part 3 The Tenancy Tribunal
Procedure

105Rehearings

  1. The Tribunal shall in all proceedings have the power to order a rehearing of the whole or any part of the proceedings on the ground that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur.

  2. An application for a rehearing shall be lodged with the appropriate Registrar of the Tribunal within 5 working days after the date of the decision, or within such further time as the Tribunal may allow.

  3. A copy of an application for a rehearing under this section shall be sent by the Tribunal to the other party to the proceedings as soon as practicable after it has been lodged with the Tribunal.

  4. An application for a rehearing under this section shall not operate as a stay of proceedings unless the Tribunal so orders.

  5. The Tribunal may grant an application for a rehearing under this section on such terms as it thinks fit, and may in the meantime stay proceedings.

  6. Nothing in this section shall apply to proceedings under section 25.