The Tenancy Tribunal can hear and resolve unit titles disputes up to $100,000. The District Court or the High Court hears disputes that exceed this amount.
The Tenancy Tribunal does not have jurisdiction to hear disputes regarding the application of insurance money paid under the principal insurance policy or disputes that relate to the title of land.
Almost anyone with an interest in a unit title property can apply to the Tenancy Tribunal, including:
- owners or former owners
- tenants or other people living in the property
- a body corporate
- contractors
- prospective buyers.
An agent can act on your behalf with the Tribunal. You will need to notify the Tribunal of this in writing.
Request to appoint a Representative or Legal Counsel [DOCX, 27 KB]
Application fees
The costs for applying to the Tenancy Tribunal have been reduced – to $250 for mediation and $500 total where the dispute requires adjudication. This means if a $250 fee has been paid and the dispute is then referred to adjudication, a further fee payable of $250 is required. The total fee that is payable for the application will not exceed $500.
The fee does not differ based on whether a matter is complex or non-complex.
In order for the Tenancy Tribunal to consider awarding cost for an application fee paid, you will need to indicate this on the application form.
If a $250 fee has been paid for mediation, and the dispute is then referred to adjudication, a further fee payable of $250 is required. The total fee that is payable for this application will not exceed $500.
If a case requires mediation the fee payable is $250.
You may get the fee back if your claim is wholly or partly successful.
Partial refund of application filing fee - effective from November 2023
When an application is withdrawn a partial refund of an application fee paid may be available if the matter is withdrawn at least 2 weeks prior to a scheduled mediation, case conference or Tenancy Tribunal hearing date. In these circumstances MBIE will retain costs relative to work already undertaken with the application.
Refunds can only be made (following withdrawal of an application) upon receipt of a written request for a refund and must include the [certified] New Zealand bank account details of the applicant. Requests by an applicant for a refund must be received within 3 months of the date of withdrawal.
This information can be sent by:
- email to info@tenancy.govt.nz or
- post to PO Box 76469, Manukau 2241.
The Unit Titles Act 2010 Dispute Resolution Refunds Policy is available on written request through the unit title enquiry form.
Appealing a decision
If you are not happy with a decision, you can appeal to the District Court.
The fees for Tenancy Tribunal appeals are:
- filing fees ($200)
- hearing fees ($900 – for each half day, if the hearing lasts for longer than half a day)
Suppression of details in a decision
Tenancy Tribunal cases are usually published on the Ministry of Justice website. The Tribunal can decide to make a suppression order, which means that the names of the parties or a witness, their identifying details, or the evidence may be removed from the decision before it is published.
Search for Tenancy Tribunal orders(external link) — Ministry of Justice website
The Tenancy Tribunal has to consider the interests of the parties and the public interest when deciding whether to remove information. A party can apply for suppression, or the Tribunal can decide on its own to suppress details. A party will need a good reason if they are seeking suppression.
Section 95A(1) of the Residential Tenancies Act 1986 states that the Tribunal must grant suppression (except in limited circumstances) to parties who have been wholly or substantially successful in tenancy disputes. This provision does not apply to unit titles disputes.
Section 95A(1) – Residential Tenancies Act 1986(external link) — New Zealand Legislation website
Last updated: 29 August 2024