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Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

95A: Suppression orders

You could also call this:

“Rules about keeping people's names and details private in some housing cases”

If you win your case at the Tribunal, you can ask them not to publish your name or any details that could identify you. The Tribunal must agree to this unless they think it’s important for the public to know or if your behaviour during the case means it should be published.

If your case is about leaving a tenancy because of family violence, the Tribunal must keep both parties’ names and identifying details private.

When the chief executive acts for a party in a case, the Tribunal must keep that party’s name and identifying details private.

The Tribunal can decide, on its own or if someone asks, to keep evidence, names, or identifying details of witnesses or parties private. They will think about what’s best for the parties and the public before making this decision. They can also set conditions on keeping this information private.

Any decisions about keeping information private must follow the rules about when information must be kept private, like in cases about family violence or when the chief executive is involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453079.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
Rights and equality > Privacy
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Part 3 The Tenancy Tribunal
Procedure

95ASuppression orders

  1. The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

  2. The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B, order that the name and any identifying particulars of the parties not be published.

  3. The Tribunal must, if the chief executive acts in the place of a party under section 124A, order that the name and any identifying particulars of that party not be published.

  4. Subsection (4) applies to proceedings whether or not any of subsections (1) to (2) also applies to the proceedings.

  5. The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

  6. An order under subsection (4) may be made subject to any conditions that the Tribunal considers appropriate.

  7. An order under subsection (4), or a condition under subsection (5), must not be inconsistent with any of subsections (1) to (2) (to the extent that those subsections also apply to the proceedings).

Notes
  • Section 95A: inserted, on , by section 54(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
  • Section 95A(1A): inserted, on , by section 54(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
  • Section 95A(3): amended, on , by section 54(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
  • Section 95A(6): amended, on , by section 54(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).