NZ Tenancy Tribunal: Process and Forms

The Tenancy Tribunal is the specialist judicial body that decides disputes between landlords and tenants in New Zealand. Established under Residential Tenancies Act 1986 (RTA 1986) Part 4, it operates with deliberate informality, low filing fees, and short hearings — the design goal is access to justice without the cost and delay of the District Court. This article explains who can apply, how applications work, the standard hearing process, and the most common case types.

Statutory Basis

Under RTA 1986 s.74, the Tenancy Tribunal is established as a tribunal of record. It has exclusive jurisdiction to hear and determine matters arising under the RTA 1986, with appeals on questions of law to the District Court (s.117). Tribunal Adjudicators are appointed under s.67.

Tenancy Tribunal hub: https://www.tenancy.govt.nz/disputes/tenancy-tribunal/

Jurisdiction — What the Tribunal Can Decide

Under RTA 1986 s.77, the Tribunal can decide:

• Bond refund disputes (RTA 1986 s.22)
• Rent arrears claims by landlords
• Termination orders (eviction in cases of breach)
• Compensation for breach of the Act or agreement
• Healthy Homes compliance and remediation orders
• Letting fee recovery (s.17 prohibition)
• Excessive rent challenges (s.25)
• Retaliatory eviction challenges (s.54A)
• Unlawful entry by landlord (s.48)
• Damage to premises claims by either party
• Pet bond disputes (from 1 December 2025)

The Tribunal’s monetary jurisdiction is NZ$100,000 per claim (RTA 1986 s.81); claims above this go to the District Court. In practice, almost all residential tenancy disputes fall within the Tribunal’s jurisdiction.

Who Can Apply

Under RTA 1986 s.86, applications can be made by:

• The landlord (or their agent)
• The tenant
• The Chief Executive of MBIE (for systemic issues, breach proceedings)
• A successor in title (e.g. new owner)

Both sides have equal access. There is no requirement for legal representation.

Filing Fee and Form

The application fee is NZ$20.44 per application (current fee at https://www.tenancy.govt.nz/disputes/applying-to-the-tribunal/), paid online. The fee is added to the amount claimed and may be recovered if the applicant succeeds.

Applications are filed online via Tenancy Services at https://www.tenancy.govt.nz/disputes/applying-to-the-tribunal/file-an-application/.

The Tribunal application form has six sections:

1. Applicant details (landlord, tenant, agent)
2. Other party details
3. Property address and tenancy dates
4. Type of order sought
5. Amount claimed (if monetary)
6. Reasons supporting the claim

Step 1 — Mediation (Often Compulsory First Step)

For most disputes, mediation through the FastTrack Resolution service is the first step. Tenancy Services offers free mediation by phone with a mediator. Many disputes resolve at this stage without needing a hearing.

Where mediation succeeds, the parties sign a mediated agreement. Under RTA 1986 s.86A, a mediated agreement is binding and enforceable in the same way as a Tribunal order.

Where mediation fails or is unsuitable (e.g. urgent termination cases), the matter proceeds to a Tribunal hearing.

FastTrack mediation: https://www.tenancy.govt.nz/disputes/disagreements-and-disputes/applying-for-mediation/

Step 2 — Tribunal Hearing

Hearing format

Hearings are conducted at one of 26+ Tenancy Tribunal venues across New Zealand, or by phone/video for parties unable to attend in person. They are typically scheduled within 6–8 weeks of application (urgent matters faster).

The hearing is informal. Strict rules of evidence do not apply (RTA 1986 s.95). The Adjudicator asks questions, hears each party, and reaches a decision. Most hearings take 30–60 minutes for a single issue.

Evidence

Both parties should bring:

• Signed tenancy agreement (RTA 1986 s.13A)
• Bond receipt (lodged with Tenancy Services, RTA 1986 s.19)
• Property condition report (start and end)
• Photographs (date-stamped where possible)
• Receipts (cleaning, repairs)
• Rent ledger
• Communications between parties (emails, texts, letters)
• Witness statements (e.g. neighbours, tradespeople)

Representation

Parties typically represent themselves. Lawyers may attend with the leave of the Adjudicator (RTA 1986 s.94), though many adjudicators discourage legal representation in straightforward cases. A landlord may be represented by their agent or by a relative.

Step 3 — Decision

After the hearing, the Adjudicator may give the decision orally or reserve it for written delivery (typically within 7 days for reserved decisions). The decision is the Tribunal Order under RTA 1986 s.78.

Orders may include:

• Refund of bond from Tenancy Services
• Payment of rent arrears
• Termination of tenancy with possession order
• Payment of compensation
• Remediation orders (e.g. fix the heater, install insulation)
• Exemplary damages where the breach is unlawful (RTA 1986 Schedule 1A — e.g. up to NZ$1,000 for failure to lodge bond, up to NZ$3,000 for unlawful eviction)

Step 4 — Enforcement

Tribunal orders are enforceable through the District Court. Most parties comply voluntarily; for non-compliance:

Money orders

A money order can be enforced through District Court attachment orders, charging orders, and bailiff proceedings.

Possession orders

A possession order specifies a vacate date. If the tenant does not leave by that date, the landlord may apply to the District Court for a warrant of possession, which is enforced by court-appointed bailiffs.

Step 5 — Appeal

Under RTA 1986 s.117, appeals from the Tenancy Tribunal lie to the District Court on a question of law only. Appeals must be filed within 10 working days of the Tribunal decision.

The District Court does not re-hear the evidence; it considers whether the Tribunal applied the law correctly. Appeals on factual findings are not permitted.

A small percentage of Tribunal decisions are appealed; most are accepted by both parties.

Common Case Types and Typical Outcomes

Bond refund dispute

Most common case. Outcome usually depends on the condition report and supporting photographs. Where landlord cannot prove damage beyond fair wear and tear, the bond is refunded in full to the tenant.

Rent arrears + termination

Where tenant has fallen ≥21 days behind, landlord applies for both arrears and termination. If proven, the Tribunal orders both rent payment and termination with possession.

Healthy Homes compliance

Tenant applies for an order requiring the landlord to comply with the standards. Tribunal orders specific remediation with deadline; failure to comply attracts exemplary damages.

Retaliatory eviction

Tenant challenges a termination notice as retaliatory under s.54A. Where the Tribunal finds the notice was a reprisal for the tenant exercising a legal right (e.g. requesting repairs), the notice is set aside.

Letting fee recovery

Under RTA 1986 s.17, letting fees are prohibited. A tenant who paid one can apply for a refund, plus exemplary damages up to NZ$1,000 (Schedule 1A).

Pet damage (from 1 December 2025)

Where pet damage exceeds the pet bond, landlord can claim the excess. Pet bond regime under ss.49AA–49AD frames the dispute.

Costs

Costs are not generally awarded in the Tenancy Tribunal — each party bears their own costs (RTA 1986 s.102(2)). Filing fee may be recovered by a successful applicant. Legal representation costs are not recoverable unless the proceedings are vexatious.

Limitation Period

Under RTA 1986 s.86, applications must generally be made within 12 months of the cause of action arising. Specific exceptions:

• Bond claims: 6-year general limitation (Limitation Act 2010)
• Rent arrears: 6-year general limitation
• Healthy Homes claims: claims can be brought during and up to 12 months after tenancy

Practical Tips for Self-Represented Parties

Tip 1 — Document everything from day one

Photographs at start and end of tenancy. Signed condition report. Email or text communications (verbal agreements are hard to prove).

Tip 2 — Try mediation first

Tenancy Services FastTrack is free, fast, and resolves most disputes without a hearing.

Tip 3 — Stick to the issues

The Adjudicator wants facts and evidence, not personal grievances. State the breach, the impact, and the order sought.

Tip 4 — Bring originals + 3 copies

For each party + the Adjudicator. Photos printed in colour where colour matters.

Tip 5 — Be on time

Tribunal hearings start sharp. Late attendance can result in the matter being decided without you.

Tip 6 — Read the decision carefully

Decisions explain reasoning. If you disagree with the law applied, an appeal to the District Court within 10 working days is available.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not New Zealand lawyers or licensed immigration advisers.

Sources

• Tenancy Tribunal hub: https://www.tenancy.govt.nz/disputes/tenancy-tribunal/
• Apply to the Tribunal: https://www.tenancy.govt.nz/disputes/applying-to-the-tribunal/
• Residential Tenancies Act 1986: https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html
• Tenancy Services FastTrack mediation: https://www.tenancy.govt.nz/disputes/disagreements-and-disputes/applying-for-mediation/