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Residential Tenancies Act 1986

The Tenancy Tribunal - Enforcement and offences

110: Failing to answer witness summons

You could also call this:

“You could get in trouble if you don't show up when asked to be a witness or bring things the court needs”

If you are asked to be a witness at the Tribunal, you need to take it seriously. You could get in trouble if you don’t show up when you’re supposed to, or if you refuse to tell the truth or answer questions. You might have to pay a fine of up to $3,600 if you don’t do what you’re asked.

The Tribunal might ask you to bring some documents or other things with you. If you don’t bring them, you could also get in trouble.

But don’t worry, they can’t punish you for not showing up if they haven’t given you money for your travel expenses. They should give you this money when they ask you to come, or at least a reasonable time before you need to be there.

Remember, these rules are there to make sure the Tribunal can do its job properly and find out the truth about what happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95943.

Topics:
Crime and justice > Courts and legal help
Housing and property > Renting
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Part 3 The Tenancy Tribunal
Enforcement and offences

110Failing to answer witness summons

  1. Every person commits an offence and is liable on conviction to a fine not exceeding $3,600 who, having been summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any document or thing, without reasonable cause,—

  2. fails to attend in accordance with the summons; or
    1. refuses to promise to tell the truth, or refuses to give evidence, or refuses to answer any question that the person is lawfully required by the Tribunal to answer concerning the subject of the proceedings; or
      1. fails to produce any such document or thing lawfully required to be produced.

        1. No person who is summoned shall be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there has been paid or tendered to that person a sum for travelling expenses according to the scale for the time being prescribed.

        Notes
        • Section 110(1): amended, on , by section 60 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
        • Section 110(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).