Can Some Tribunal Cases be Settled Without a Hearing?
Residential Tenancies Act amendments passed in December mean The Tenancy Tribunal is now allowed to make some decisions based on the papers submitted, without the requirement of an in-person hearing. Paper orders will be available from March 20.
A proceeding may be decided by paper order if the Tribunal deems it appropriate, except for rulings on tenancy termination or a landlord’s entry to the premises.
Read about new RTA amendments now in force.
Have New Processes Been Put in Place to Speed Up Tenancy Hearings?
Yes. Recent changes have been brought in to help speed up the process considering the delays. These include increased use of remote hearings and improvements to scheduling, which have reduced the time people have to wait to learn when their mediation or hearing is.
Which Areas Face the Longest Tenancy Tribunal Delays?
Auckland's North Shore has been particularly affected, with wait times ranging from six weeks to six months. Auckland in general faces longer Tribunal delays compared with other areas of New Zealand due to a lack of availability of courtroom facilities.
What Can Applicants Do to Speed Up the Process at the Tenancy Tribunal?
Landlords and tenants should familiarise themselves with the Tribunal's processes and understand current timelines. Getting everything in order at the application stage can help speed up the process.
Read more about Attending a Tenancy Tribunal.
How are Tenancy Tribunal Cases Prioritised?
Tenancy cases are prioritised for scheduling based on the below categories:
Priority 1: Applications concerning anti-social behaviour, abandonment, or assault.
Priority 2: Current tenancies, particularly those with accumulating rent arrears.
Priority 3: Vacated tenancies where the debt is not increasing, as the tenancy has ended.
If tenants have abandoned a property, landlords can submit an 'expedited abandonment application.' However, landlords cannot regain possession of the property until the court officially transfers it back to them. This process can be initiated within 48 hours if the necessary criteria are met.
Crockers’ View
The ongoing delay increases the likelihood that the bond won't fully cover arrears if a tenant stops paying. Landlords should review their insurance policies to ensure they include coverage for arrears or have an alternative "buffer," particularly given the current financial pressures in the economy.
Read about Crockers’ Debt Guarantee and Tribunal Delays.
