Skip to content.
Return to Department of Building and Housing home page.

Mediation

Many disputes between tenants and landlords can be resolved at the mediation stage.

Mediation is arranged 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 must pay $20.44 for your application to the Tribunal.

You can make an application to the Tenancy Tribunal online at secure.dbh.govt.nz and pay the $20.44 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 can pay:

  • at any Westpac bank by eftpos, cash or a cheque made out to the Department of Building and Housing
  • at one of these Department of Building and Housing offices by eftpos only – Auckland, Manukau, Hamilton, Wellington and Christchurch.

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.

Check out the information sheets for landlords and tenants called Making an application for an Order of the Tenancy Tribunal for more information about how to make an application and what you need to provide when applying.

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.

Three different streams of mediation

The Department of Building and Housing provides a comprehensive mediation service with three streams. These are SWIFT telephone mediation, scheduled telephone mediation and face-to-face mediation.

Over 70 percent of our mediations are resolved by telephone. This is a quicker and more cost effective solution for everyone involved. Our goal is to resolve as many applications by telephone as possible, creating a more efficient and effective service for both landlords and tenants.

Tenancy Tribunal applications are streamed to either our SWIFT telephone mediation service or scheduled telephone appointments. Our face-to-face mediation service is still available when required.

What is SWIFT?

SWIFT is an express telephone mediation service for tenants and landlords with fairly straightforward disputes – these are usually simple, single issue claims.

An example is an application for rent arrears where both the tenant and landlord agree that the rent is behind and they require mediation to reach an agreement about how the arrears will be paid.

These mediations normally occur when parties are at their home or workplace. SWIFT has a target resolution time of 24 hours (excluding weekends) so where landlords and tenants are available, disputes may be resolved within a few hours of being lodged. There are no scheduled appointments, so mediation can occur at any time during business hours.

For all other applications the Department checks the details to see if it is suitable for a scheduled telephone or face-to-face appointment.

Scheduled telephone mediation

If the application is not suitable for SWIFT or is unable to be resolved within this timeframe, the application is scheduled for a telephone mediation appointment.

Scheduled telephone mediation is just like a face to face mediation but one or both people may be on the phone. This sometimes happens when face to face mediation has been scheduled but one person can’t make the meeting at the last minute. Parties participate in the same way as they would in a face-to-face mediation.

More complex disputes may still require a face to face mediation appointment.

Face-to-Face mediation

If the application is not suitable for SWIFT or scheduled telephone mediation, the application is scheduled for a face-to-face mediation. This is where all parties meet in person with the mediator.
Face-to-face is better suited for complex disputes where there is more than one reason for the application, or where there is disagreement on the issues, or a tenancy with multiple tenants, cross applications (where both landlord and tenant have made an application) or parties where English is a second language.

What happens if the dispute is sorted out before mediation?

Disputes are often resolved between landlords and tenants before the scheduled mediation appointment. In these circumstances, either party may contact the SWIFT team to discuss the details of the settlement and to possibly have it formalised as a Mediator’s Order.

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.