Written reasons for decision
After a matter is finalised, a party can request a statement of written reasons for the decision under section 49(2) of the Consumer, Trader and Tenancy Tribunal Act 2001.
The written reasons will outline the decision and the reasons for it. This includes the facts of the case, reference to the legislation, the evidence given by both parties and the Tribunal Member's findings.
There is no cost for written reasons.
Requesting written reasons
Tribunal decisions
A request for written reasons must be made in writing within 14 days of receiving the orders. A request can only be made by a party to the proceedings, and only after the matter is finalised.
Where a request for written reasons is made outside the 14 day timeframe, the Registrar may consider extending the timeframe in exceptional circumstances.
Requests for written reasons should be forwarded to therelevant CTTT Registry. Use the below sample request letter to help you write your request.
Sample request letterAtt: Registrar Re: File number [Insert CTTT File Number] – [Insert applicant's name] v [Insert respondent's name] Pursuant to section 49 of the Consumer, Trader and Tenancy Tribunal Act 2001, I request a copy of the Tribunal Member's reasons for the decision made in the proceedings held at [location of hearing] on [date of hearing]. Yours sincerely, [Insert name] |
Reserved decisions
There is no need to request written reasons where a Tribunal Member has reserved the decision. Written reasons are automatically provided with reserved decisions.
Strata adjudications
Written reasons are also automatically included in an Adjudicator's order in strata and community schemes applications.
Top of pageProvision of written reasons
When the request for written reasons has been received and approved, the Tribunal Member will provide a statement of written reasons within 28 days of receiving the request.
When completed, the Tribunal Member's written reasons are sent to all parties to proceedings.
CTTT decisions where written reasons have been provided are generally published on the internet. View previously published decisions of the CTTT.
Non-provision of written reasons
There are a number of circumstances where written reasons cannot be provided.
Consent orders
If the orders were made by consent of the parties, written reasons cannot be provided. This is because consent orders are made in accordance with the agreement reached between the parties during conciliation.
Section 68 Rehearing decisions
Section 68 of the Act specifies that rehearing decisions are not ‘proceedings’ and are therefore not subject to the requirements of section 49 of the Act. However, a brief statement of reasons is included with a decision for rehearing.
Further requests for written reasons
In exceptional circumstances, it may be decided that ‘brief reasons’ provided with the written orders provide sufficient details as to how the Tribunal Member made their decision. No further written reasons will be given.