Attending the Tribunal hearing
Attending a hearing can be daunting. Tribunal hearings are less formal than a normal court hearing, but you still need to know the rules and procedures.
What happens in a hearing? (transcript)
Title board stating: What happens in a hearing?]
The Tenancy Tribunal is less formal than a court, and the process is more simple, allowing parties to represent themselves. [Speaker name and position appears on screen: Jenny Robson, Principal Adjudicator, Tenancy Tribunal (2022)]
If your hearing is scheduled at a local court, here is what a typical tribunal room looks like. You'll see the adjudicator. That's the person who makes the decision sitting at the back of the room, and on either side are the landlord and the tenant.
Both the landlord and tenant will tell their story. If you're the applicant, you'll explain your side first, presenting the facts briefly and clearly. If you are the other party, you will then be able to respond. You may find it useful to have everything written down and summarised beforehand.
The adjudicator may ask questions to ensure they've understood the claim and any defence clearly.
If you have witnesses, they can be called to give evidence. After hearing from both parties and any witnesses, the adjudicator will consider all the evidence presented. They will make their decision based on how the Residential Tenancies Act applies to the situation.
The adjudicator will issue a decision, which is called a tribunal order and must be obeyed by both parties to the dispute. You may be advised of the decision at the hearing, or it will be sent to you at a later time.
Remember, this is only one option to help sort a dispute. As soon as an issue pops up, try talking with your landlord or tenant as good communication can help sort the problem straightaway.
For more information about the Tenancy Tribunal, or how to apply and prepare for a hearing, see more on the dispute section on our website.
1. Tell the truth
The Tribunal will ask you to make a promise at the beginning of the hearing. This promise confirms that you’ll tell the truth.
2. You tell your story, and so will the other person
Both landlord and tenant will tell their story.
If you’re the applicant, you will explain your side first. Present the facts briefly and clearly. You may find it useful to have everything written down and summarised beforehand.
The adjudicator (who’s like a judge) may ask questions.
3. Any witnesses can speak
If you have witnesses, they can be called to give evidence.
If they can’t come to the hearing, talk to us about other options. Affidavits, unsworn statements or letters from witnesses might be allowed as evidence instead. These may not be as effective as the witness being present at the hearing.
4. The adjudicator makes a decision
The adjudicator will listen to you, the other person, and any witnesses. They’ll then analyse all the evidence presented. They will make their decision based on how the Residential Tenancies Act applies to the situation.
5. You receive an order
The adjudicator will issue an order to settle the dispute. You and the other person will both receive a copy. You both have to obey the order.
In most cases, you’ll receive the order on the day of the hearing. If the decision is more complicated, the adjudicator will write up the details of the order and post it out later.
Tribunal orders are public information. They’re published on the Ministry of Justice website(external link) and available from the District Court where the hearing took place.
Last updated: 06 December 2022
