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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

91AB: Decision on papers

You could also call this:

"The Tribunal can make a decision just by reading the papers, without a hearing, in some cases."

Illustration for Residential Tenancies Act 1986

The Tribunal can decide a case just by looking at the papers if they think it is appropriate, except in certain situations. You need to know that the Tribunal cannot decide a case on papers if it is about ending a tenancy or a landlord entering the premises under section 48 or section 66R. Before making a decision on papers, the Tribunal must consider what you and the other party think about deciding the case this way.

If section 91AA applies, then this rule does not apply. The Tribunal has to follow this process when deciding if a case can be dealt with just by looking at the papers. You can look at section 38 of the Residential Tenancies Amendment Act 2024 to see how this rule was added.

The Tribunal must think carefully about each case and decide if looking at the papers is enough to make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1032847.

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Part 3The Tenancy Tribunal
Procedure

91ABDecision on papers

  1. Despite anything to the contrary elsewhere in this Act, the Tribunal may decide a proceeding on the papers if the Tribunal considers it appropriate, except in the circumstances set out in subsection (2).

  2. The Tribunal must not decide a proceeding on the papers if the proceeding involves—

  3. the termination of a tenancy; or
    1. a landlord’s entry to the premises under section 48 or entry to a boarding room under section 66R.

      1. Before deciding a proceeding on the papers, the Tribunal must have regard to any views that may be provided by the parties on whether the proceeding should be dealt with on the papers.

      2. This section does not apply if section 91AA applies.

      Notes
      • Section 91AB: inserted, on , by section 38 of the Residential Tenancies Amendment Act 2024 (2024 No 52).