Enforcing a mediators order or Tenancy Tribunal order

At the end of mediation, the mediator may write an order or report which records the agreement reached. The order may say what one or both parties will do (such as paying rent arrears or making repairs), and what will happen if they don’t (such as the tenancy being terminated).

If one party has not done what the order said, the other party can start the procedure to enforce the order (known as enforcement proceedings). It may still be worthwhile, however, for the parties to try and talk about the issue to settle it.  

For enforcement, ask Department of Building and Housing to have the order sealed by the Tenancy Tribunal, if this has not been done already. This must be done within 6 months of the date on the order (or, if the order is a conditional order, the date on which the order becomes a final order). A mediated agreement that is sealed by the Tenancy Tribunal becomes an order of the Tenancy Tribunal that is enforceable by the Collections Unit at the District Court.

See these publications for more information.

• Enforcing Tenancy Tribunal orders - Who should be named on the tenancy agreement and Tribunal application — This explains how and why particular people should be named in an application to the Tenancy Tribunal. 

• Enforcing a sealed mediator’s order or Tenancy Tribunal order — This brochure provides information about how to enforce a sealed mediator’s order or Tenancy Tribunal order.

Find a new address for someone when you are trying to enforce an order

The Ministry of Justice needs a current address for the person named on the order so that they can enforce it. If you do not have a current address for the person named on the order, the Department of Building and Housing and Work and Income New Zealand may be able to help you find one. 

Find out more...

• Finding a new address for someone when you are trying to enforce a Tenancy Tribunal order — This information sheet describes how to request information about your debtor if you have a Tenancy Tribunal order and you are having trouble collecting a debt.
• Request for release of address information form — This form is used to request information about a debtor if you have a Tenancy Tribunal order.