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92: Non-attendance at hearing after due notice
or “What happens if someone doesn't show up to their hearing after being told about it”

You could also call this:

“The Tribunal can stop a case if it's not fair, takes too long, or doesn't make sense.”

The Tribunal can stop a proceeding, or part of it, if they think it’s not fair or useful. They can do this if:

You don’t have a good reason for your case.

Your case might unfairly affect others or slow things down.

Your case isn’t serious or you’re just trying to cause trouble.

You’re using the Tribunal in a way that’s not right.

When the Tribunal stops a case like this, it’s called “striking out” the proceeding.

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Next up: 93: Right of audience

or “This explains who can speak and have a lawyer at special meetings about houses and flats.”

Home
Residential Tenancies Act 1986
The Tenancy Tribunal
Procedure
92A: Tribunal may strike out proceeding

Part 3 The Tenancy Tribunal
Procedure

92ATribunal may strike out proceeding

The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
discloses no reasonable cause of action; or
is likely to cause prejudice or delay; or
is frivolous or vexatious; or
is otherwise an abuse of process.

Notes

Section 92A: inserted, on 14 November 2018, by section 260 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

1 Short Title and commencement 2 Interpretation 2A Transitional, savings, and related provisions

Part 1:
Application of Act

3 Act to bind the Crown 4 Act generally to apply to all residential tenancies 5 Act excluded in certain cases 5A Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952 5B Exempt student accommodation 6 Long fixed-term tenancies 7 Tenancies for short fixed terms 8 Parties to excluded tenancies may agree that Act shall apply 9 Existing tenancies 10 Onus of proof 11 Act generally to apply despite contrary provisions

Part 2:
Tenancy agreements

Part 2A:
Boarding house tenancies

Application

66A Application of Part 66B Interpretation for this Part

Boarding house tenancy agreements

66C Content of boarding house tenancy agreements 66D Bond of 1 week’s rent or less 66E Outgoings 66F Tenancy not assignable by tenant

Rights and obligations of landlords and tenants

66G Quiet enjoyment 66H Landlord’s obligations at start of tenancy 66I Landlord’s ongoing obligations 66IA Protection from liability for landlord who complies with contaminant regulations 66J Other obligations of landlord 66K Obligations of tenant 66L Tenant’s liability for damage caused by others 66M Tenant’s obligations at end of tenancy 66N Mitigation of damage or loss

House rules

66O Landlord may make house rules 66P What tenant may do if he or she objects to house rules

Landlord’s right of entry

66Q Landlord has right to enter premises at any time 66R Landlord’s right to enter boarding room is limited 66S Notice of entry 66T Consequence of abuse, or refusal, of right of entry

Termination

66U Termination of tenancy by landlord 66V When tenant may terminate tenancy 66W Termination of tenancy on death of sole tenant

Abandonment

66X Abandonment by tenant 66Y Possession orders

Part 3:
The Tenancy Tribunal

Constitution and administration

Jurisdiction

77 Jurisdiction of Tribunal 78 Orders of Tribunal 78A Orders of Tribunal relating to unlawful residential premises 79 Jurisdiction to make interim orders 80 Orders of Tribunal to be final 81 Exclusion of Tribunal's jurisdiction prohibited 82 Exclusion of other jurisdictions 83 Transfer of proceedings to District Court 83A Referral of complaints to Health and Disability Commissioner 84 Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator 85 Manner in which jurisdiction is to be exercised

Procedure

86 Filing of applications 87 Duties of chief executive on receipt of application 88 Functions of Tenancy Mediators 89 Statements made in mediation to be subject to privilege 90 Tenancy Mediator to observe confidentiality 91 Notice of hearing by Tribunal 91AA Process for determining abandonment applications within 10 working days without hearing 91A Service on tenants following application 91B Substituted service, etc 92 Non-attendance at hearing after due notice 92A Tribunal may strike out proceeding 93 Right of audience 94 Minors and persons under disability 95 Proceedings usually to be in public 95A Suppression orders 96 Further provisions relating to procedure generally 97 Evidence 98 Witness summons 98A Other witness expenses 99 Tribunal may require inquiry and report by Tenancy Mediator or suitable person 100 Tenancy Mediator or Tribunal may require valuer's report in certain proceedings 101 Protection of persons appearing, etc 102 Costs 103 Reference of questions of law to High Court 104 Decision of Tribunal 105 Rehearings

Enforcement and offences

106 Enforcement of possession orders 107 Enforcement of orders other than possession orders and work orders 108 Enforcement of work orders 109 Unlawful acts 109A Tribunal may restrain further commissions of unlawful acts 109B Tribunal may make pecuniary penalty orders 109C Maximum amount of pecuniary penalty 109D Considerations for Tribunal in determining pecuniary penalty 109E Only 1 pecuniary penalty order may be made for same conduct 110 Failing to answer witness summons 111 Giving false evidence 111A Offence of breaching suppression order 112 Contempt

Contact information for enforcement purposes

112A Interpretation 112B Application for contact information 112C Application referred to specified agency 112D Response to applicant 112E Specified information sent to District Court 112F Non-disclosure of contact information

Miscellaneous provisions

113 Chief executive to provide assistance 114 Powers of entry of Tenancy Mediators 115 Principal Tenancy Adjudicator may issue practice directions 115A Online publication of information about procedures, time frames, and progress of decisions 115B Online publication of final written decisions 116 Rules of procedure

Appeals

117 Appeal to District Court 118 Powers of District Court Judge on appeal 119 Appeal on questions of law to High Court 120 Further appeal to Court of Appeal

Part 4:
Administration

Functions and powers of chief executive

121 Chief executive responsible for administration of Act 122 Director-General may delegate powers 123 General functions and powers of chief executive 123A Documents to be retained by landlord and produced to chief executive if required 123B Documents to be produced by tenant to chief executive if required 123C Chief executive’s powers in relation to produced documents 123CA Programmes of inspections to monitor and assess compliance with healthy homes standards 123D Power of entry to inspect premises 123E Tribunal may authorise inspection 124 Chief executive may take or defend proceedings on behalf of any party 124A Chief executive may take proceedings in place of tenant or landlord 124B Supplementary provision to section 124A 125 Immunities 126 Annual report

Infringement offences

126A Interpretation 126B Proceedings for infringement offences 126C When infringement notice may be issued 126D Infringement notice may be revoked 126E What infringement notice must contain 126F How infringement notice may be served 126G Payment of infringement fees

Improvement notices

126H Power to issue improvement notices 126I Content of improvement notices 126J Compliance with improvement notice 126K Extension of time for compliance with improvement notices 126L Chief executive may withdraw improvement notice 126M Objection to improvement notice

Enforceable undertakings

126N Chief executive may accept enforceable undertakings 126O When enforceable undertaking is enforceable 126P Compliance with enforceable undertaking 126Q Withdrawal or variation of enforceable undertaking 126R Proceedings for alleged contravention

Residential Tenancies Trust Account

127 Residential Tenancies Trust Account 128 Auditor-General to be auditor of Residential Tenancies Trust Account 129 Part B of the Fund 130 Corporation may make money available 131 Corporation may borrow 132 No execution

Part 5:
Miscellaneous provisions

133 Tribunal or chief executive may require terms of tenancy agreements 134 Waiver by landlord of breach by tenant 134A Method of payment 135 Recovery of money paid by mistake 136 Service of documents 136A Calculation of periods 137 Prohibited transactions 137A Only 1 penalty type for same conduct 138 Time for filing charging document 138A Regulations in respect of smoke alarms 138B Healthy homes standards 138C Regulations in respect of contaminants and contaminated premises 138D Powers to make regulations under sections 138A to 138C not limited by other enactments, etc 138E Regulations relating to termination of tenancy for physical assault by tenant 138F Regulations relating to withdrawal from tenancy following family violence 139 Regulations relating to accommodation brokers 139A Regulations relating to infringement offences 140 Regulations relating to other matters 141 Schedule 1 may be amended by Order in Council 142 Non-application of Part 4 of Property Law Act 2007 143 Housing Corporation Act 1974 amended 144 Repeals, revocations, and amendments 145 Provisions relating to COVID-19

“The Tribunal can stop a case if it's not fair, takes too long, or doesn't make sense.”

Part 3 The Tenancy Tribunal Procedure

92ATribunal may strike out proceeding

Part 3 The Tenancy Tribunal
Procedure