Mediation
Many disputes between tenants and landlords can be resolved at the mediation stage.
Mediation is a time organised by the Department of Building and Housing to help landlords and tenants talk about and solve their problems. A mediator helps you both discuss the problem, identify the issues, and come up with a workable solution. Mediators know a lot about tenancy issues, but they don’t decide anything for you.
- It’s a way to get things sorted out quickly – A mediation appointment can be set up more quickly than a Tribunal hearing.
- It’s less formal than going to Court – Mediated agreements are made with both tenant and landlord being fully informed of all their rights and responsibilities, and there is a clear understanding of what the agreement means. Tribunal hearings are conducted by the Ministry of Justice and are more formal than mediation.
- You decide between you what will happen – You don’t get told what to do. When people contribute to the decision themselves, they are likely to be more committed to making it work than to a decision imposed by someone else.
- It’s confidential – No one else has to know what you said in mediation.
- The result is still legally binding and enforceable through the Court system if necessary.
How do you apply?
You can make an application to the Tenancy Tribunal online at secure.dbh.govt.nz and pay the $20 application fee with your Visa or Mastercard.
You can also complete a paper form and send by mail to PO Box 50546 Porirua, fax to 04 237 1058, or email to ttapplications@dbh.govt.nz. You must pay the $20 application fee at Westpac bank or by purchasing pre-paid stickers from the Department of Building and Housing before submitting your application.
Forms and information are available from the Department of Building and Housing free phone 0800 TENANCY (0800 83 62 62) or from your local Citizens Advice Bureau.
Where does it happen?
Once an application is lodged, we will set up a mediation time with both tenant and landlord. This may be a phone conversation or a face-to-face meeting.
What do I need for the mediation?
Have with you anything that might have something to do with the dispute, for example, photos, rent records or receipts for work done. You don’t need to convince the mediator of anything, but you do have to convince the other party that what you want is fair and reasonable. (Before the mediation, you need to think about possible solutions to the problem and be prepared to consider the other party’s suggestions as well.)
If it’s a meeting, can I bring witnesses or a support person?
Witnesses are not appropriate at a mediation. However, the mediator may be willing to ask the other people involved if it is all right for a support person to be present. This person will not normally have the right to speak.
Who is the mediator?
Mediators are specialists in helping people sort out tenancy disputes, and can help you with questions about the renting law. Mediators are not lawyers, judges or counsellors, and they are independent and unbiased. Mediators know a lot about tenancy issues, and they will guide you through the process, but they don’t decide anything for you. This is different from a Tenancy Tribunal hearing where the adjudicator will make a decision, and tell you both what will happen.
What happens at the mediation?
The mediator will help you talk with, and listen to, each other, answer any questions about renting law and help you reach an agreement that you both think is fair. They will:
- ask each of you to explain your view of the situation and then help you both work out ways to end the dispute
- provide information and advice if this is appropriate, for example, about parts of the law if that will help your discussion
- ensure that everyone has their say and that everyone’s behaviour is reasonable.
A mediator does not and cannot (even if asked) choose the answer for the people concerned.
What happens if we reach an agreement?
Once an agreement has been reached, the mediator checks that each person fully understands what they are agreeing to. The agreement is then usually written down as a mediated order which the mediator signs. Usually the landlord and the tenant sign the order as well. Each person is given a copy of the mediated order.
A mediated order is binding and will usually say what happens if it is broken. If either person does not live up to what was agreed, then the mediated order can be enforced as if it was an order of the Tribunal. (Find out more about enforcement of orders.)
What happens if we can’t agree?
The next step is to go to the Tenancy Tribunal for a Court hearing. (The Tribunal is part of the Ministry of Justice, and an adjudicator will make a final decision for you both. Tribunal hearings are open to the public.) However, depending on the circumstances of the dispute, the Tenancy Tribunal may order you to go back to mediation and may also order you to pay costs.