Published 29 May 2019
Appeal of the Tenancy Tribunal — application for extension of time to apply for rehearing — Residential Tenancies Act 1986, ss 16A, 85, 117 & 118. The plaintiff sought an extension of time to apply for a re-hearing in the Tenancy Tribunal. The plaintiff had been ordered to pay the defendant $4,154.74 in 2013 for a series of breaches of the Residential Tenancies Act. The plaintiff filed an application for an extension of time to apply for a re-hearing in 2018, which the Tenancy Tribunal dismissed, leading to the current proceedings. The plaintiff left New Zealand for Australia on an indefinite basis and stated, upon his return in 2017, that he only then learned of the order against him. In dismissing the re-hearing application, the Tribunal had noted that the application must be made within five working days and that s 16A provides that if a landlord is out of New Zealand for longer than 21 days, they are required to have an agent in New Zealand and notify the tenant of the agent's name, contact address and address for service. The Tribunal determined that no agents had been appointed and that that requirement was essential in succeeding with the application. The Judge agreed with the Tribunal's findings, as they have seen and heard the witnesses, and was not persuaded by the plaintiff's submissions. For those reasons, the Judge dismissed the application. Judgment Date: 15 June 2018.
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