What was the outcome of Tenancy Tribunal case 4601269?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4601269?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4601269?

The dispute type was not classified.

Where can I read the official tribunal order for case 4601269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9211636-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4601269?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4601269?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4601269?

The dispute type was not classified.

Where can I read the official tribunal order for case 4601269?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9211636-Tenancy_Tribunal_Order.pdf.

21 Tamakui Grove, Turangi, Turangi 3334 Tenancy Tribunal Case 4601269 — Tenancy dispute

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Colliers New Zealand Limited as Agents for Linz is granted possession of the premises at 21 Tamakui Grove, Turangi, Turangi 3334 immediately.

Reasons

The landlord attended the hearing. Ms Tracy Bell and Ms Gypsy Bell-Smith, the respondents, did not attend the hearing.
The landlord has applied for an order for possession of the property. The landlord alleges that the respondents are illegally in possession of the property.
The landlord has provided background information regarding the property. Initially the property was set apart as a teacher’s residence from 21 October 1968. Such houses are used to provide discounted residential accommodation for teachers employed by the Ministry of Education.
The certificate of title is issued in the name of Her Majesty the Queen.
The Ministry of Education declared that they no longer required the property for education purposes via the NZ Gazette 2014.
The property is owned by Land Information New Zealand (LINZ) and managed by Colliers New Zealand limited.
The house has been rented out by Colliers for some time. The last tenancy arranged by Colliers terminated on 29 March 2021. The property was then put on the disposal list.
The Ngati Turangitukua Claims Settlement Act 1996 came into force on 14 October 1999. This legislation supported a deed of settlement which provided for a right of first refusal in favour of Tarangitukau Nominees Limited (TNL).
This property is currently the subject of a right of first refusal offer to TNL.
Colliers, LINZ and TNL are in the process of negotiations for disposal of the property.
As TNL requires vacate possession of the property, the process has been put on hold pending the Tenancy Tribunal decision regarding an immediate possession order.
On 27 March 2023 the applicant became aware that someone had gained access to the property. On 12 April 2023 Colliers sent a security officer to the property to confirm whether someone was occupying the property. Security confirmed that there were people occupying the property.
Colliers contacted local iwi to see if they had taken possession of the property, which they had not.
Colliers contacted the police who went to the property. The police spoke to the occupiers and obtained the information regarding their claim of right to be at the property.
Colliers have provided the Tribunal with documents from the occupiers who are claiming “Allodial rights” to occupy the property under “Native and Common Law of the Land to sustain themselves and their families”.
The documents state that on 3 April 2023 Tracey-Lorena Bell and Gypsy-Rose- Tracey Bell-Smith claim Allodial Title to the property at 21 Tamakui Grove Turangi.
The respondents claim in their documents that the property is listed for disposal with LINZ. They claim that the land is uninhabited and so they are free to occupy and make use of it.
They claim to have provided a “legal description” and photographic evidence of their claim. This claim was then posted on social media as “the final process to legitimately claim allodial occupation of 21 Tamakui Grove, Turangi”.
The respondents stated that if you believe the property is yours then you need to prove title and use the New Zealand court process for disputing the entitlement of their claim.
Colliers confirm that there have been no discussions or contact of any sort with the respondents before they moved onto the property. There has never been any rent paid or any tenancy (implied or otherwise) in place between the parties.
Colliers want the respondents to move so that the process of disposal can continue between LINZ and TNL. Relevant Law
Section 65 of the Residential Tenancies Act 1986 (RTA), states that the Tribunal must make an order granting possession of the premises to the person entitled to possession of any residential premises, where the Tribunal is satisfied that any other person in possession of the premises is a squatter, trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person.
Before the Tribunal makes an order under s65 RTA there are three issues that must be considered: a. Are the premises residential premises? b. Is the party making the application for possession entitled to receive possession? c. Is the person in possession of the premises in occupation as a squatter, trespasser or pursuant to some right of occupation?
The premises are a home which had previously been rented to teachers and other tenants. I find the property is a residential premises.
I accept from the documentation provided to the Tribunal that LINZ is the owner of the property. Colliers manages the property for LINZ.
At no time has any tenancy been created or offered to the respondents. No rent has been paid. There is no tenancy.
The respondents are not in attendance at the hearing. Therefore, with no evidence to the contrary, I find that the respondents have no lawful right to occupy the premises.
The respondent’s occupation is not legal or authorised by the owner or property manager.
The applicants are entitled to an order for immediate possession of their property.
Colliers New Zealand Limited as agents for LINZ is granted possession of the premises at 21 Tamakui Grove Turangi, immediately.

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Colliers New Zealand Limited as Agents for Linz is granted possession of the premises at 21 Tamakui Grove, Turangi, Turangi 3334 immediately.

Reasons

The landlord attended the hearing. Ms Tracy Bell and Ms Gypsy Bell-Smith, the respondents, did not attend the hearing.
The landlord has applied for an order for possession of the property. The landlord alleges that the respondents are illegally in possession of the property.
The landlord has provided background information regarding the property. Initially the property was set apart as a teacher’s residence from 21 October 1968. Such houses are used to provide discounted residential accommodation for teachers employed by the Ministry of Education.
The certificate of title is issued in the name of Her Majesty the Queen.
The Ministry of Education declared that they no longer required the property for education purposes via the NZ Gazette 2014.
The property is owned by Land Information New Zealand (LINZ) and managed by Colliers New Zealand limited.
The house has been rented out by Colliers for some time. The last tenancy arranged by Colliers terminated on 29 March 2021. The property was then put on the disposal list.
The Ngati Turangitukua Claims Settlement Act 1996 came into force on 14 October 1999. This legislation supported a deed of settlement which provided for a right of first refusal in favour of Tarangitukau Nominees Limited (TNL).
This property is currently the subject of a right of first refusal offer to TNL.
Colliers, LINZ and TNL are in the process of negotiations for disposal of the property.
As TNL requires vacate possession of the property, the process has been put on hold pending the Tenancy Tribunal decision regarding an immediate possession order.
On 27 March 2023 the applicant became aware that someone had gained access to the property. On 12 April 2023 Colliers sent a security officer to the property to confirm whether someone was occupying the property. Security confirmed that there were people occupying the property.
Colliers contacted local iwi to see if they had taken possession of the property, which they had not.
Colliers contacted the police who went to the property. The police spoke to the occupiers and obtained the information regarding their claim of right to be at the property.
Colliers have provided the Tribunal with documents from the occupiers who are claiming “Allodial rights” to occupy the property under “Native and Common Law of the Land to sustain themselves and their families”.
The documents state that on 3 April 2023 Tracey-Lorena Bell and Gypsy-Rose- Tracey Bell-Smith claim Allodial Title to the property at 21 Tamakui Grove Turangi.
The respondents claim in their documents that the property is listed for disposal with LINZ. They claim that the land is uninhabited and so they are free to occupy and make use of it.
They claim to have provided a “legal description” and photographic evidence of their claim. This claim was then posted on social media as “the final process to legitimately claim allodial occupation of 21 Tamakui Grove, Turangi”.
The respondents stated that if you believe the property is yours then you need to prove title and use the New Zealand court process for disputing the entitlement of their claim.
Colliers confirm that there have been no discussions or contact of any sort with the respondents before they moved onto the property. There has never been any rent paid or any tenancy (implied or otherwise) in place between the parties.
Colliers want the respondents to move so that the process of disposal can continue between LINZ and TNL. Relevant Law
Section 65 of the Residential Tenancies Act 1986 (RTA), states that the Tribunal must make an order granting possession of the premises to the person entitled to possession of any residential premises, where the Tribunal is satisfied that any other person in possession of the premises is a squatter, trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person.
Before the Tribunal makes an order under s65 RTA there are three issues that must be considered: a. Are the premises residential premises? b. Is the party making the application for possession entitled to receive possession? c. Is the person in possession of the premises in occupation as a squatter, trespasser or pursuant to some right of occupation?
The premises are a home which had previously been rented to teachers and other tenants. I find the property is a residential premises.
I accept from the documentation provided to the Tribunal that LINZ is the owner of the property. Colliers manages the property for LINZ.
At no time has any tenancy been created or offered to the respondents. No rent has been paid. There is no tenancy.
The respondents are not in attendance at the hearing. Therefore, with no evidence to the contrary, I find that the respondents have no lawful right to occupy the premises.
The respondent’s occupation is not legal or authorised by the owner or property manager.
The applicants are entitled to an order for immediate possession of their property.
Colliers New Zealand Limited as agents for LINZ is granted possession of the premises at 21 Tamakui Grove Turangi, immediately.

Tenancy Tribunal case 4601269 — Tenancy dispute at 21 Tamakui Grove, Turangi, Turangi 3334

At a glance

Claims & awards

Tenancy Tribunal case 4601269 — Tenancy dispute at 21 Tamakui Grove, Turangi, Turangi 3334

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions