Appeal Tenancy Tribunal — refused re-hearing — 90-day notice — retaliatory notice — power dispute — Residential Tenancies Act 1986, ss 39, 85 & 105 — substantial wrong or miscarriage of justice — Wellington City Council v McMillan [2003] DCR 50 — Housing New Zealand Corporation v Salt [2008] DCR 697 — Welsh v Housing New Zealand Limited High Court Wellington AP35/2000 6 March 2001. In this appeal the appellants sought a re-hearing of the original application, after an application to grant a rehearing was refused by the Tenancy Tribunal following a decision ordering they pay the respondent $6,432.48. The respondent rented a three-bedroom house from the appellants that also had a semidetached flat on the property occupied by a third party. There was only a single power meter for the property and the respondent raised the issue of her high bill with the appellants. Following a 90-day notice to vacate the premises, the respondent applied to the Tenancy Tribunal for reimbursement of the power accounts. The claim was granted as there was no means of measuring the respondent's exclusive power use. The appellants sought a re-hearing but were refused on the basis there was no substantial wrong or miscarriage of justice, in accordance with s 105 of the Residential Tenancies Act (the Act). The Judge held that given the Adjudicator had not considered s 85 of the Act, there was potential for a different result, which could be said to amount to a procedural error. For that reason, there was potential for a substantial wrong or miscarriage of justice and a re-hearing was ordered to have the possible application of s 85 considered. Judgment Date: 5 March 2019.