The Tenancy Tribunal

Process

Overview of process

The basic process is as follows:

• Tenant or landlord makes an application.

• Mediation is offered.

• If the parties cannot agree, the dispute can go to a hearing, where an adjudicator will listen to both parties and make a decision for you.

This graphic summarises the process:

Before you start

It is a good idea to get advice before you start. You can drop in to one of the following Department of Building and Housing offices to pick up information or application forms, or to talk to someone about a specific renting problem you have:

Or phone 0800 TENANCY (0800 83 62 62) and make an appointment at one of their other offices.

Making an application

To make an application the tenant or landlord:

• completes an application form; and
• lodges the form along with a $20 fee.

Application forms can be obtained (and lodged and paid) at the following locations:

• Online at www.dbh.govt.nz (payment must be made by credit card).

• At one of the Department of Building and Housing offices listed above (payment by EftPos only is available).

Additionally the $20 fee can be paid at any Westpac bank branch.

Application forms can also be obtained by calling 0800 TENANCY (0800 83 62 62) and from community organisations such as the Citizens Advice Bureau

 (www.cab.org.nz).

Mediation

On receipt of a properly completed application, Building and Housing offers a mediation appointment. At this meeting, you and the other person discuss the problem (with help from an independent and trained person called a Tenancy Mediator) and try to agree on your own solution.

Tenancy Mediators know a lot about tenancy issues. They:

• help you talk with and listen to each other;

• encourage you to discuss all the issues and options;

• provide information about the law;

• help you reach an agreement you both think is fair.

The Mediator will not decide anything for you. It has to be a joint agreement between the two parties.

Whatever you decide, the Mediator writes it down and gives you both a copy. The Mediator also usually specifies what will happen if the agreement is broken. Agreements reached in mediation can be made legally enforceable by getting the Tenancy Tribunal to stamp it (this is called "sealing"). Building and Housing Offices can help you with this process.

Notes:

• For some types of dispute, the mediation can be done over the phone.

• Some types of dispute are not eligible for mediation. (They go directly to a hearing.)

Hearing

If you cannot reach an agreement at mediation, the dispute goes to a Tenancy Tribunal hearing. The next section (Hearings) provides more detail about this process.