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Residential Tenancies Act 1986

The Tenancy Tribunal - Appeals

118: Powers of District Court Judge on appeal

You could also call this:

“A judge can change, cancel, or keep the Tribunal's decision when someone asks for it to be looked at again.”

If you appeal a decision made by the Tribunal under [section 117], you will have your case heard by a District Court Judge. The judge can do several things:

They can cancel the Tribunal’s order and tell the Tribunal to hear your case again. If they do this, they can give the Tribunal instructions on how to conduct the new hearing.

The judge can also cancel the Tribunal’s order and replace it with a different order. This new order must be one that the Tribunal could have made originally.

Alternatively, the judge might decide to dismiss your appeal, which means the Tribunal’s original decision stays in place.

The judge gets to decide how the appeal process will work. This means they can choose the way the appeal is conducted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95956.

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117: Appeal to District Court, or

“If you're not happy with what the Tribunal decided, you can ask a higher court to look at your case again.”

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119: Appeal on questions of law to High Court, or

“You can ask a bigger court to check if the first court made a mistake about the law in your case.”

Part 3 The Tenancy Tribunal
Appeals

118Powers of District Court Judge on appeal

  1. On the hearing of an appeal under section 117, a District Court Judge may—

  2. quash the order of the Tribunal and order a rehearing of the claim by the Tribunal on such terms as the Judge thinks fit; or
    1. quash the order, and substitute for it any other order or orders that the Tribunal could have made in respect of the original proceedings; or
      1. dismiss the appeal.

        1. In ordering a rehearing under subsection (1)(a), the District Court Judge may give to the Tribunal such directions as the Judge thinks fit as to the conduct of the rehearing.

        2. The procedure at an appeal under this section shall be such as the Judge may determine.