Getting ready for the Tenancy Tribunal hearing
Being prepared for your Tribunal hearing is important. It gives you the best chance of having a successful application, or defending the claims against you.
How to prepare for a hearing (transcript)
[Opening board stating: How to prepare for a hearing]
If a hearing is scheduled, you'll receive a notice of hearing and will include details about the dispute. [Speaker name and position appears on screen: Jenny Robson, Principal Adjudicator, Tenancy Tribunal (2022)]
There are a few things to keep in mind before you attend. Being prepared gives you the best chance of a successful application or defending claims against you.
Evidence is important. If you have any evidence that supports your claim or your defence of it, you need to provide a copy of that before the hearing. Evidence can include what you or others say at the hearing, as well as other evidence such as emails, text messages, written agreements, videos or audio files. If you want the Tribunal to take into account what others say, you should make sure they come along as your witness.
If a claim has been made against you, and you also want to discuss different issues at the hearing, you will need to lodge your own application. This is called a cross application.
There's helpful information on the Tenancy Services website to help you prepare for a hearing. [Screen shot of 'Getting ready for the Tenancy Tribunal hearing' page from the Tenancy Services website: www.tenancy.govt.nz/disputes/tribunal/getting-ready-for-the-tenancy-tribunal-hearing].
It's also a good idea to write down a summary of what you would like to say about your claims, or your defence of the claims to make sure you don't miss anything.
If you need the services of an interpreter, want to call a witness, or need a representative, we can make arrangements for these. You will need to let Tenancy Services know as soon as possible after you receive your notice of hearing, so there's time to manage your request. You might also take a support person along with you.
For more information about the Tenancy Tribunal or how to apply and prepare for a hearing, see more on the Disputes section on our website.
What you should bring to the Tribunal hearing
You need to bring any evidence that supports your claim, or your side of the dispute. You should have two extra copies of all evidence ready for the adjudicator and the other person.
If you’re the applicant you should have submitted copies of relevant documents with your application. For example, the tenancy agreement, rent summary, and any 14-day notices or other correspondence. Take your original documents and any supporting evidence to the hearing.
Other evidence may include:
- tradesperson quotes
- bank statements
- accounts
- inspection reports
- a rent book
- photos
- letters.
Who can go to the Tribunal hearing
The hearing is public and either person can take support people with them.
If you want to bring any witnesses, call Tenancy Services in advance so we can let the court know in time. Your witnesses will need to wait outside the courtroom until they’re called to give their evidence. If someone refuses to come, you can ask the Ministry of Justice for a witness summons. You can have a friend or family member with you for support. But if they’re in the courtroom with you, they can’t be a witness or say anything.
People normally represent themselves. You may only have a lawyer or a representative appear on your behalf in special cases. These are where:
- the dispute is for more than $6,000
- the other person agrees or the Tribunal allows it
- the other person has a lawyer representing them.
The Tribunal may also allow you to use a lawyer due to:
- the nature and complexity of the issue
- a significant difference between the people involved, which could affect their ability to present their case.
In some cases, a representative can appear for a person.
If you think you may need a representative contact Tenancy Services, to talk this over before the hearing.
What will be discussed at the hearing
The Tribunal will only talk about issues in the application. Other issues are not normally considered. If they are considered they may not be included in the decision.
If you have an application made against you and want to discuss other issues at the same time, you’ll need to make your own application.
This is called a cross application. When this happens both applications are normally heard at the same time.
Make sure you attend the hearing
You must attend the hearing if you want your side of the dispute to be heard.
If you’re the applicant and don’t appear, the application will likely be dismissed.
If you’re the other person and don’t appear, your view will not be heard and the Tribunal will still be able to make an order. This means the tenancy may be ended or you may have to pay money to the applicant.
If neither person appears, the Tribunal will only make a decision if it has all the written information it needs to do so. In most cases the application will be dismissed.
If you want to attend the hearing but will be out of the area, contact Tenancy Services to discuss attending by phone conference.
If you have questions before the hearing
If there’s 5 working days or less until your hearing, contact the Ministry of Justice with any questions you have.
If there’s more than 5 working days until your hearing, contact Tenancy Services.
