These rules are the Residential Tenancies Rules 2010.

These rules come into force on 1 October 2010.

In these rules, unless the context otherwise requires,—

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

These rules apply to all proceedings commenced by application made to the Tribunal under section 86 of the Act and to all other proceedings before the Tribunal under the Act.

To avoid doubt, these rules also apply to proceedings for a unit title dispute within the meaning of section 171(1) of the Unit Titles Act 2010.

The chief executive must keep a record of all applications filed in an office of the Tribunal, or by electronic means, under section 86(1) of the Act.

All applications and related papers and other related documents must be kept in the way (including by electronic means) approved by the chief executive, who is to be responsible for ensuring their safe custody.

Subclause (2) does not apply to any records or papers to which section 74(1) of the Act applies.

Any electronic means approved by the chief executive, or by the chief executive of the Ministry of Justice, for the keeping of documents must, subject to any appropriate restrictions on access, permit the documents to be readily—

Sealed orders and other sealed documents may be created, and made available, by any electronic means approved by the chief executive or by the chief executive of the Ministry of Justice.

An electronic document that falls within 1 or more of the following paragraphs is to be regarded as an original document:

A printed version of an electronic document that falls within any of paragraphs (a) to (d) of subclause (3) is to be regarded as an original document if the printed version is produced directly from the electronic document.

The Tribunal or a court may rule that subclause (3) or (4) is not to apply to a particular document.

In order to be sealed under section 88 of the Act, an order of a Tenancy Mediator—

Before the chief executive approves a proposed form for the purposes of subclause (2)(a), the chief executive must consult the Principal Tenancy Adjudicator about the proposed form.

If a Tenancy Adjudicator or Registrar seals an order of a Tenancy Mediator under section 88 of the Act, an authorised delegate must arrange for a sealed copy of the order to be made available to each party.

If a Tenancy Adjudicator declines to seal an order of a Tenancy Mediator under section 88 of the Act, an authorised delegate must arrange for each party to be informed of that decision and the reasons for it (including whether the Tenancy Adjudicator has directed that the matter be reconsidered and determined by the Tribunal).

The Registrar or an authorised delegate may, subject to any directions of a Tenancy Adjudicator, extend or adjourn the date of any hearing to the next convenient sitting of the Tribunal in any of the following circumstances:

If, under section 83 of the Act, the Tribunal orders that any proceedings must be transferred to a District Court, the Registrar must forward to the Registrar of the District Court all documents relating to the proceedings.

If, under section 83A of the Act, the Tribunal refers a dispute in whole or in part to the Health and Disability Commissioner for his or her consideration, the Registrar must forward to the Health and Disability Commissioner copies of all documents relating to the dispute, or to the part of the dispute, that has been so referred.

If satisfied that it would be unduly inconvenient or unduly expensive for a witness to be required to give evidence at a sitting of the Tribunal, the Registrar or an authorised delegate may determine that the evidence of the witness be taken—

The power to make a determination under subclause (1) is subject to any directions given by a Tenancy Adjudicator.

Where a determination is made under subclause (1), the Registrar must—

The Registrar must give each party notice of the time and place at which the evidence of the witness is to be taken, and each party has the same right to be present and to cross-examine the witness as the party would have had if the witness had appeared before the Tribunal.

The witness has the same right to receive fees, allowances, and travelling expenses as the witness would have had if the witness had appeared before the Tribunal.

If satisfied that it would be unduly inconvenient or unduly expensive for a party to attend a hearing of the Tribunal in person, the Registrar or an authorised delegate may arrange for the party to take part in the hearing—

The power to make arrangements under subclause (1) is subject to any directions given by a Tenancy Adjudicator.

A person who attends before the Tribunal for the purpose of giving evidence in any proceedings is entitled to receive any fees, allowances, and travelling expenses that the Tribunal directs in accordance with the Witnesses and Interpreters Fees, Allowances, and Expenses Regulations 2023.

If the Registrar receives a direction to obtain the services of a Tenancy Mediator under section 99 of the Act, the Registrar must promptly refer the direction to an authorised delegate.

The authorised delegate must promptly make arrangements for a Tenancy Mediator to carry out the direction of the Tribunal.

If a person is appointed under section 99(3) of the Act, the Registrar must promptly advise the authorised delegate.

A Tenancy Adjudicator may give the decision of the Tribunal immediately after the conclusion of the hearing or may reserve the decision on any question of fact or law.

If the decision is reserved, it must be given as soon as practicable, and the Tenancy Adjudicator must ensure that all documents required by section 104(2) of the Act to be given to the parties are given to them as soon as practicable.

If any notice is required by the Act to be given to any person by the Tribunal, it must be given to that person—

In any case where, for the purposes of any proceedings before the Tribunal, it is necessary or desirable to serve a notice or other document on the guarantor of a tenant, the notice or document may be served on the guarantor—

The Residential Tenancies Rules 1998 (SR 1998/257) are revoked.