If you disagree with a decision made at the Tenancy Tribunal hearing, you have 2 options.

You can either:

  • apply for a rehearing
  • appeal to the District Court.

 

Apply for a rehearing

You can apply for a rehearing if you think:

  • the decision was substantially wrong
  • a miscarriage of justice has or is likely to occur
  • new evidence, relating to the original application has become available.

You can’t apply for a rehearing because you don’t like the decision.

Apply for the rehearing at the District Court where the original hearing took place. You have 5 working days after a decision is issued to apply for a rehearing. The Court will decide if a rehearing is granted.

The rehearing process(external link) — Ministry of Justice

Appeal to the District Court

You can appeal to the District Court if you think the decision is wrong (based on the law). You can’t appeal to the District Court because you don’t like a decision.

You can’t appeal:

  • against an interim order
  • a final order for payment of less than $1000
  • a final order to undertake work worth less than $1000

You may be able to apply for a rehearing in these cases.

Lodge an appeal at the District Court closest to where the Tribunal hearing took place. You have 10 working days after the decision is issued to lodge an appeal.

If you lodge an appeal, you must pay a filing fee and a hearing fee to the District Court:

  • the filing fee is $200
  • the hearing fee is $900 after the first half-day.

How to appeal to the District Court(external link) — Ministry of Justice

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