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Plans103
Accident Compensation: Claim Review (Claimant)

Accident Compensation/6s/National

↳
District Court Appeal Track

Accident Compensation/5s/National

Bail Application - District Court (Defendant)

Criminal Law/6s/National

↳
High Court Bail Appeal (s 44)

Criminal Law/4s/National

↳
Bail Variation or Review (s 33/34)

Criminal Law/3s/National

Civil Remedies under Harmful Digital Communications Act

Civil Litigation/9s/National

↳
Parallel Criminal Prosecution Coordination (s 22 / s 22A)

Civil Litigation/4s/National

↳
Without-Notice Interim Order (Rule 21)

Civil Litigation/3s/National

Construction Adjudication (Respondent)

Construction Law/7s/National

↳
Residential Occupier (Section 31 Exemption)

Construction Law/4s/National

↳
Landowner (Non-Respondent) - Section 52 Review Pathway

Construction Law/5s/National

Court-Ordered Company Liquidation (Creditor)

Bankruptcy & Insolvency/6s/National

↳
Judgment Debt Pathway

Bankruptcy & Insolvency/6s/National

Creditor-Initiated Personal Bankruptcy

Bankruptcy & Insolvency/10s/National

Defending PCBUs in WorkSafe Prosecutions (Respondent)

Employment Law/7s/National

↳
Enforceable Undertaking Pathway

Employment Law/4s/National

↳
Jury Trial Election

Employment Law/4s/National

Defending Unjustified Dismissal Claims (Respondent)

Employment Law/5s/National

↳
Specified Contractor Status Gateway Pathway

Employment Law/3s/National

↳
High-Income Threshold Gateway Pathway

Employment Law/3s/National

↳
De Novo Challenge - Employment Court Pathway

Employment Law/4s/National

↳
90-Day Trial Period Pathway

Employment Law/3s/National

Discharge Without Conviction Application - Section 106 Sentencing Act 2002

Criminal Law/6s/National

↳
Professional Licensing Consequences - s 106 Application

Criminal Law/4s/National

↳
Immigration and Deportation Consequences - s 106 Application

Criminal Law/4s/National

Dissolution of Marriage or Civil Union (Applicant)

Family Law/7s/National

↳
Sole Application - Family Violence Fast-Track Pathway (s 39A)

Family Law/7s/National

↳
Joint Application - Standard Irreconcilable Breakdown (s 37/39)

Family Law/7s/National

↳
Joint Application - Family Violence Fast-Track Pathway (s 39A)

Family Law/7s/National

Drink or Drug Driving (Defendant)

Criminal Law/3s/National

↳
Limited Licence Application

Criminal Law/2s/National

↳
Simple Guilty Plea

Criminal Law/2s/National

↳
Contested Hearing

Criminal Law/2s/National

Family Protection Act Claims (Applicant)

Wills and Estates/7s/National

↳
De Facto Partner Standing and Cohabitation Assessment

Wills and Estates/4s/National

↳
Parent Standing and Dependency Assessment

Wills and Estates/4s/National

↳
Stepchild Standing and Maintenance Assessment

Wills and Estates/4s/National

Family Protection Act Claims (Executor)

Wills and Estates/7s/National

↳
Neutral Assistance and Application for Judicial Directions

Wills and Estates/5s/National

↳
Active Defence of Claim on Behalf of Beneficiaries

Wills and Estates/5s/National

Family Violence Act: Protection Order (Respondent)

Family Law/6s/National

↳
Weapons Return and New Firearms Licence - Arms Act 2026

Family Law/3s/National

↳
On-Notice Defence - No Without-Notice Order Made

Family Law/3s/National

New Zealand Consumer Guarantees Act Claim (Applicant)

Civil Litigation/7s/National

↳
Parallel Fair Trading Act Misrepresentation Claim

Civil Litigation/4s/National

↳
Rejection and Refund of Goods (Section 22)

Civil Litigation/4s/National

↳
Cancellation of Services Contract (Section 35)

Civil Litigation/4s/National

New Zealand Debt Recovery (Creditor)

Civil Litigation/5s/National

↳
Disputes Tribunal Pathway (Claims up to $60,000)

Civil Litigation/3s/National

↳
Default Judgment Pathway

Civil Litigation/3s/National

↳
Summary Judgment Pathway

Civil Litigation/3s/National

↳
Defended Proceeding Pathway (2026 Civil Justice Reform Track)

Civil Litigation/3s/National

New Zealand Disputes Tribunal Claim (Claimant)

Civil Litigation/8s/National

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Insurer Subrogated Claim

Civil Litigation/8s/National

↳
Late Knowledge Claim

Civil Litigation/8s/National

↳
Corporate Respondent Claim

Civil Litigation/8s/National

Parenting Order Applications (Applicant)

Family Law/7s/National

↳
Without Notice (Urgent) Pathway

Family Law/3s/National

↳
Relocation Dispute - Section 44 / Section 47 Pathway

Family Law/3s/National

↳
Guardianship Dispute - Section 46R / Section 44 Pathway

Family Law/3s/National

Personal Grievance for Unjustified Dismissal (Applicant)

Employment Law/7s/National

↳
Contractor Status Challenge

Employment Law/3s/National

↳
Interim Reinstatement Application

Employment Law/3s/National

↳
90-Day Trial Period Dispute

Employment Law/3s/National

↳
High-Income Threshold Dispute

Employment Law/3s/National

Personal Insolvency (Debtor)

Bankruptcy & Insolvency/5s/National

↳
No Asset Procedure (NAP)

Bankruptcy & Insolvency/3s/National

↳
Part 5 Proposal

Bankruptcy & Insolvency/3s/National

↳
Debt Repayment Order (DRO)

Bankruptcy & Insolvency/3s/National

Probate Administration (Executor)

Wills and Estates/5s/National

↳
Letters of Administration with the Will Annexed Pathway

Wills and Estates/3s/National

↳
Letters of Administration on Intestacy Pathway

Wills and Estates/3s/National

Protection Order Application (Applicant)

Family Law/6s/National

↳
On Notice Application

Family Law/5s/National

Relationship Property Claim Against Trust Assets - s 44C Applicant

Family Law/6s/National

↳
Trustee Respondent - Defending Trust Assets Against Division

Family Law/4s/National

Relationship Property Division (Applicant)

Family Law/7s/National

↳
Set Aside Separation Agreement - Section 21J Pathway

Family Law/3s/National

↳
Leave Application Out of Time - Section 24(2) Pathway

Family Law/3s/National

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Short Duration Relationship - Section 14A Pathway

Family Law/3s/National

Relief Against Cancellation of Commercial Lease - Tenant (s 253 PLA 2007)

Property Disputes/6s/National

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Landlord - Enforcing Lease Cancellation and Opposing Relief Application

Property Disputes/5s/National

Residential Property Purchase (Buyer)

Real Estate/5s/National

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Unit Title Property Pathway

Real Estate/3s/National

↳
OIO Consent Pathway

Real Estate/3s/National

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Vendor Default - Settlement Notice Procedure

Real Estate/3s/National

Residential Property Sale (Vendor)

Real Estate/5s/National

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Unit Title Property Pathway

Real Estate/3s/National

↳
Purchaser Default - Settlement Notice Procedure

Real Estate/3s/National

Solvent Voluntary Liquidation (Director)

Bankruptcy & Insolvency/5s/National

↳
Defending Court-Ordered Liquidation Application

Bankruptcy & Insolvency/5s/National

↳
Insolvent Voluntary Liquidation (s 241(2)(a))

Bankruptcy & Insolvency/4s/National

Summary Offence - Criminal (Defendant)

Criminal Law/5s/National

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Defended Trial Pathway

Criminal Law/3s/National

Tenancy Dispute (Landlord)

Property Disputes/7s/National

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Fixed-Term Tenancy Expiry and Hardship

Property Disputes/3s/National

↳
Repeated Breaches - Late Rent and Anti-Social Behaviour

Property Disputes/3s/National

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Urgent Hearing - Extreme Hardship / Contamination / Assault

Property Disputes/3s/National

↳
Periodic Tenancy - No-Cause and Specific-Grounds Notices

Property Disputes/4s/National

Tenancy Dispute (Tenant)

Property Disputes/8s/National

Wage and Holiday Pay Recovery (Applicant)

Employment Law/8s/National

↳
Insolvent Employer - Director Liability (s 77A)

Employment Law/4s/National

↳
Employment Court Challenge (s 179)

Employment Law/4s/National

Relief Against Cancellation of Commercial Lease - Tenant (s 253 PLA 2007)

Legal Project Management Plan & Checklist

Implemented24 June 2026|Last updated14 Oct 2026|Practitioner-reviewed

Guide for NZ commercial tenants applying for relief against lease cancellation under s 253 of the Property Law Act 2007 in the High Court.

How can a tenant apply for relief against lease cancellation in New Zealand?: Under s 253 of the Property Law Act 2007 (NZ), the lessee, a mortgagee of the leasehold interest, or a receiver appointed in respect of it may apply to a court for relief against the cancellation, or proposed cancellation, of the lease (a sublessee applies under s 258). Relief can be sought in the landlord's proceeding for an order for possession, or in a separate proceeding brought before an order for possession is made or, where the landlord has peaceably re-entered, not later than 3 months after the date of re-entry (s 253(4)). The application is typically filed urgently and supported by an affidavit addressing the breach, the steps taken to remedy it, and the hardship that cancellation would cause.

What is the test for the High Court to grant relief against lease cancellation?: The court grants relief if it is just and equitable to do so, having regard to the conduct of the applicant, the nature and extent of the breach, the likelihood that the tenant will comply with the lease in the future, the relative hardship caused to each party, and the interests of any sublessees or mortgagees. Tendering outstanding arrears before the hearing is a strong practical factor in the tenant's favour.

Derivative Plans (1)

Landlord - Enforcing Lease Cancellation and Opposing Relief Application

Specialised Fork

NZ commercial landlord guide: enforce lease cancellation under the Property Law Act 2007 and oppose a tenant's s 253 relief application in the High Court.

  1. Stage 1: Stage 1: Urgent Intake (3 tasks)
  2. Stage 2: Stage 2: Assessment and Strategy (2 tasks)
  3. Stage 3: Stage 3: High Court Application (6 tasks)
  4. Stage 4: Stage 4: Hearing (4 tasks)
  5. Stage 5: Stage 5: Relief Order (2 tasks)
  6. Stage 6: Stage 6: Post-Order Compliance (2 tasks)

Key Dates

Date of Notice of Intention to Cancel4 tasks require this
Filing Date3 tasks require this
Hearing Date3 tasks require this
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Jurisdiction: This plan is written for the High Court of New Zealand. Section 253 of the Property Law Act 2007 gives the power to grant relief to a court, which the Act defines as the court before which the matter falls to be determined, and relief may be sought in the landlord's own proceeding for possession (s 253(3)(a)). The District Court can hear a proceeding to recover land in the situations listed in s 79(2) of the District Court Act 2016 (which include a lessor entitled to re-enter for non-payment of rent) where the annual rent does not exceed $62,500 or the value of the land does not exceed $500,000, so check which court the matter is in. In the High Court the proper registry is the one nearest to the residence or principal place of business of the defendant (rule 5.1 of the High Court Rules 2016), and an interlocutory injunction to restrain re-entry is sought under rules 7.53 and 7.54.

The Process at a Glance: The practitioner begins with an urgent conflict check and obtains the s 245 notice and lease from the client within hours of instruction. The notice is analysed for defects - a landlord may cancel only after a notice that complies with s 245 or s 246, so a re-entry that relies on a defective notice does not validly cancel the lease. If the landlord threatens imminent re-entry, an urgent High Court application for injunctive relief is filed the same day. The substantive s 253 application is then perfected with supporting affidavits, a schedule of arrears tendered, and evidence of the tenant's ability to comply going forward. At the hearing the court weighs the just and equitable factors. If relief is granted, the order sets out conditions - typically payment of arrears and costs within a fixed time. Post-order compliance is monitored to prevent a further breach triggering cancellation rights again.

Key Legislation and Case Law: Property Law Act 2007 (NZ) - s 243 (ss 244 to 264 are a code: a lease may be cancelled, and relief given, only under them); s 244 (a lessor cancels for breach by applying to a court for an order for possession or by re-entering peaceably); s 245 (breach of the covenant to pay rent: rent in arrears for not less than 10 working days, and a notice of intention to cancel giving not less than 10 working days after service to remedy); s 246 (breach of other covenants: notice of intention to cancel and a period that is reasonable in the circumstances); s 247 (defects that do not invalidate a s 246 notice); s 248 (application for possession made before the reasonable period has expired); s 249 (copy of the notice to be served on mortgagees, receivers and sublessees); s 250 (acceptance of rent after the notice does not operate as a waiver); s 251 (powers of court in making an order for possession); s 252 (damages not affected); s 253 (relief against cancellation, sought before an order for possession is made or not later than 3 months after peaceable re-entry); s 254 (mortgagee or receiver may apply for an extension of time); s 255 (application for relief is not an admission); s 256 (powers of court on an application for relief, including conditions); s 257 (effect of an order granting relief); ss 258 to 260 (relief for sublessees). High Court Rules 2016 - r 7.53 (application for interlocutory injunction) and r 7.54 (undertaking as to damages).

Further Reading

PLA s253 Lease Cancellation Relief Guide - 8 min

* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Relief Against Cancellation of Commercial Lease - Tenant (s 253 PLA 2007) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.

This legal matter plan provides a structured workflow for Property Disputes cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.

Property DisputesLitigationApplicant NZ
0
Stages
6
Tasks
19
Effort
114u
Key Dates
3
PMS Fields
166
Part of the OMPN Field StandardRelief Against Cancellation of Commercial Lease - Tenant (s 253 PLA 2007) - Fields (814310a3) - 166 matter.* fields (resolved with provenance)
FieldTokenTypeRequiredDefined in
Matter(4)
Matter numberⓘmatter.matterNumbertextRequiredinheritedmatter-core
Matter titlematter.titletext-inheritedmatter-core
Matter typeⓘmatter.matterTypetext-inheritedmatter-core
Matter statusmatter.statustext-inheritedmatter-core
Client(1)
Client namematter.clientNametextRequiredinheritedmatter-core
01
Stage 01

Stage 1: Urgent Intake

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01

Assess Urgency - Is Re-Entry Imminent?

Critical
Lawyer 3u (18m) Date of Notice of Intention to Cancel +0D
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02

Conduct Urgent Conflict of Interest Check

Critical
Paralegal 2u (12m) T+0D
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03

Obtain and Review the Lease and s 245 or s 246 Notice

Critical
Lawyer 4u (24m) Date of Notice of Intention to Cancel +0D
02
Stage 02

Stage 2: Assessment and Strategy

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01

Analyse s 245 or s 246 Notice for Defects

Critical
Lawyer 6u (36m) Date of Notice of Intention to Cancel +1D
03
Stage 03

Stage 3: High Court Application

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01

File Urgent Injunction Application to Restrain Re-Entry

Critical
Lawyer 12u (72m) Filing Date +2D
04
Stage 04

Stage 4: Hearing

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01

Prepare Client for Hearing - Witness Statement and Coaching

High
Lawyer 6u (36m) Hearing Date +9D
05
Stage 05

Stage 5: Relief Order

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01

Obtain and Serve Sealed Relief Order

High
Paralegal 4u (24m) T+14D
06
Stage 06

Stage 6: Post-Order Compliance

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01

Monitor Post-Order Compliance with Court Conditions

High
Lawyer 6u (36m) T+21D

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02

Advise Client on Immediately Remedying the Breach

High
Lawyer 4u (24m) Date of Notice of Intention to Cancel +1D
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02

Draft Substantive Statement of Claim for Relief (s 253 PLA 2007)

Critical
Lawyer 16u (96m) Filing Date +2D
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03

File Substantive s 253 Application at High Court Registry

Critical
Paralegal 4u (24m) Filing Date +3D
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02

Attend Urgent Relief Hearing in the High Court

Critical
Lawyer 10u (60m) Hearing Date +10D
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03

Tender Outstanding Arrears to the Landlord

Critical
Lawyer 4u (24m) Hearing Date +8D
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02

Advise on Costs - Paying Landlord's Costs if Ordered

High
Lawyer 3u (18m) T+14D
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02

Final Review and File Closure

Medium
Paralegal 4u (24m) T+60D

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