If you manage rental properties in New Zealand, the Tenancy Tribunal is where unresolved disputes end up. Whether it’s a bond dispute, rent arrears, or a claim for exemplary damages, knowing the process — and the exact rules — keeps you compliant and saves time. This guide covers everything your frontline team needs: how to apply, the $100 fee, mediation vs hearing, what the Tribunal can order, and what to bring. All references are current as at May 2026.
How to Apply to the Tenancy Tribunal
Applications are made online through the Ministry of Justice Tenancy Tribunal portal. You’ll need the tenancy address, both parties’ details, and a clear description of the issue. The filing fee is $100 (as at May 2026, per Tenancy Tribunal Regulations 2019, reg 7). If you win, the Tribunal can order the other party to reimburse this fee (s77(3)).
Mediation vs Hearing
Mediation is a free, informal process run by the Ministry of Business, Innovation and Employment (MBIE). It’s confidential and can resolve most disputes without a formal hearing. Under s83, the Tribunal must refer the matter to mediation unless it’s urgent or the other party won’t engage. A mediated agreement is legally binding (s84).
A Tribunal hearing is a formal legal process. The adjudicator makes a binding decision that can be enforced through the District Court. Hearings are recorded, and evidence is presented under oath. Use hearings for complex disputes, repeated breaches, or when the other party is uncooperative.
What the Tribunal Can Order
The Tribunal has wide powers under the RTA. Common orders include:
- Bond refunds — under s18, the bond must be lodged with Tenancy Services. The Tribunal can order release to either party if there’s a dispute.
- Rent arrears — under s55, the Tribunal can order payment of unpaid rent, plus interest at the rate set by the Ministry (currently 8.5% per annum as at May 2026).
- Exemplary damages — under s109, the Tribunal can award up to $6,500 for a single breach (e.g., unlawful eviction, failing to provide a healthy home certificate). For multiple breaches, the cap is $50,000.
- Compensation — for damage, loss of use, or repair costs (s110).
- Termination of tenancy — under s55 (rent arrears) or s56 (anti-social behaviour).
Bond Disputes
Bond disputes are the most common Tribunal application. Under s18(1), the bond must be lodged within 10 working days of receipt. If you want to claim from the bond for damage or unpaid rent, you must apply to the Tribunal within 10 working days of the tenancy ending (s18(6)). The Tribunal can order the bond to be paid to the landlord, tenant, or split between them.
Rent Arrears
Under s55(1), if rent is unpaid for 21 days (or 5 days if the tenancy is periodic), you can apply to the Tribunal for termination and arrears. The Tribunal can order the tenant to pay all arrears plus interest. You must provide a rent ledger showing payments and arrears. Under s55(2), the Tribunal can also order the tenant to pay the landlord’s application fee if the claim succeeds.
Exemplary Damages
Exemplary damages are punitive — they punish serious breaches. Common claims include:
- Unlawful eviction (s109(2)(a))
- Failing to provide a healthy home certificate (s109(2)(b))
- Failing to meet the Healthy Homes Standards (NZS 8134:2021, standard 2.7 — insulation, heating, ventilation)
To claim, you must file within 12 months of the breach (s109(3)). The maximum is $6,500 per breach, up to $50,000 total. The Tribunal will consider the severity and whether the breach was deliberate.
Timeframes and What to Bring
Once you apply, the Tribunal will schedule a hearing within 10-15 working days (s77(2)). You must serve the application on the other party at least 7 days before the hearing (reg 12, Tenancy Tribunal Regulations 2019).
What to bring to the hearing:
- Copy of the tenancy agreement
- Rent ledger or payment records
- Photos, videos, or inspection reports (with dates)
- Correspondence (emails, texts, letters)
- Any mediation outcome or refusal
- Proof of service of the application
- Healthy Homes compliance certificate (if relevant)
Your team can quickly check the latest rules and deadlines by asking ShiftScript questions from your uploaded policies. For example, staff can ask: “What’s the bond dispute deadline?” or “What are the exemplary damages caps?” — and get an instant answer from your own documents. Try it at shiftscript.nz/portal/.
FAQ
How long does a Tenancy Tribunal hearing take?
Most hearings last 30-60 minutes. Complex cases (e.g., multiple breaches) may take 2-3 hours. The adjudicator will give a decision on the day or within 10 working days.
Can I apply without mediation?
Yes, but only if the dispute is urgent (e.g., serious damage, health risk) or the other party has refused mediation. Otherwise, the Tribunal will refer you to mediation first.
What if the other party doesn’t show up?
The Tribunal can proceed with the hearing in their absence (s78). You must prove you served the application. The adjudicator will make a decision based on your evidence.
Can I appeal a Tribunal decision?
Yes, but only on a point of law (s117). You must apply to the District Court within 10 working days of the decision. Factual findings are rarely overturned.
Do I need a lawyer?
No. The Tribunal is designed for self-represented parties. However, if the claim is complex or involves large sums, legal advice is recommended. You can also bring a support person.
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