Court Hearings

Tribunals

We can only appear on your behalf in the Tenancy Tribunal if we have been managing your rental. Your letting agent/property manager who was managing the rental, has to present the case in order that they can refute in erroneous assertions by the tenant. If we are the property manager we can appear on your behalf. In fact all Tribunals require creditors/landlords to represent themselves if they are residing in New Zealand and were managing their own rental properties. Usual fees for us to attend these hearings are charged on an $100 + G.S.T. per hour basis. Usual cost = $200 + GST per hearing.

We can not, however, present cases at the Disputes Tribunal as that tribunal deems us to be skilled advocates within the terms of the Disputes Tribunal Act which excludes us from presenting such cases.

Enforcement

We can initiate and prepare most supporting documentation in support of getting your debtor (viz ex tenant) through the District Court enforcement processes if they refuse to pay voluntarily or stop paying by arrangement. The Ministry of Justice requires all debt collection companies to have solicitors sign off all application documentation. These costs of preparation are usually awarded by the District Court and added to the debt to be recovered from your debtor albeit we, or you, has to fund them first before they are recovered from the debtor.

Don't think, by having a Tenancy or Disputes Tribunal Order or District Court Judgment in your favour, that it means the debtor has to start paying you. These orders, or judgments, are only documents which the said Tribunal or Court has formally agreed that you have provided a case that means they owe you the money. The civil process of recovery is largely reliant on private companies or yourself recovering that money and using the District Court Enforcement system as a recovery system of last resort.

  

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