district court logo

Trust Property Management Ltd v Manfield [2020] NZDC 16359

Published 06 October 2021

Appeal from tribunal — Tenancy Tribunal — refusal to grant rehearing — procedural history — natural justice — non-appearance at hearing — COVID-19 — self-isolation — lockdown — global pandemic — Residential Tenancies Act 1986, s 85. This was an appeal against a decision of the Tenancy Tribunal declining to grant the appellant landlord a rehearing. The first hearing had been set down just prior to the nationwide COVID-19 lockdown. The landlord property manager had failed to attend the first hearing as he had been required to self-isolate on medical advice due to the COVID-19 pandemic and the Tribunal made an adverse determination. He applied for a rehearing. Several other administrative errors resulted in the second hearing being determined against the landlord again and the respondents not receiving the subsequent appeal notice. The Judge concluded that it would be a breach of natural justice if the appellant were not granted a rehearing and for both parties to be heard. The Judge therefore allowed the appeal and directed a rehearing in the Tribunal with a different adjudicator. Judgment Date: 18 August 2020.