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Residential Tenancies Act 1986

The Tenancy Tribunal - Miscellaneous provisions

115B: Online publication of final written decisions

You could also call this:

“The Tribunal must put its final decisions on the internet for everyone to read, unless there's a good reason not to.”

When the Tenancy Tribunal makes a final written decision, they must put it on a website as soon as they can. This is to make sure everyone can see it. But sometimes, they might not show the whole decision or any of it if there’s a good reason.

A good reason not to show the decision could be if a court says they can’t, if the decision isn’t very important for people to know about, or if showing it might cause problems that aren’t fair.

The decisions they’re talking about are the ones that end a case. These could be decisions the Tribunal writes after listening to people talk about their case, or decisions they make just by looking at papers without a hearing.

You should know that the Tribunal wants to show these decisions unless there’s a really good reason not to. They do this to help everyone understand how they make their choices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS278591.

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Part 3 The Tenancy Tribunal
Miscellaneous provisions

115BOnline publication of final written decisions

  1. Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.

  2. A final written decision may be published in part if there is good reason for not publishing the full decision.

  3. Repealed

  4. Good reason not to publish a decision, or part of it, includes the following:

  5. non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
    1. the decision falls into a category of decisions that are of limited public value:
      1. taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.

        1. In this section, final written decision means a written decision that determines, or substantially determines, the outcome of proceedings in the Tribunal and is either of the following:

        2. a written reserved decision following an oral hearing:
          1. a written decision in any case considered on the papers.

            Notes
            • Section 115B: inserted, on , by section 266 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 115B(3): repealed, on , by section 63 of the Residential Tenancies Amendment Act 2020 (2020 No 59).