What was the outcome of Tenancy Tribunal case 4670149?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4670149?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4670149?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4670149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9493192-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4670149?

The tribunal order states: No suppression orders apply around publication of this decision.

How much money was awarded in case 4670149?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4670149?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4670149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9493192-Tenancy_Tribunal_Order.pdf.

185 Laws Road, Dannevirke, Dannevirke 4972 Tenancy Tribunal Case 4670149 — Boarding House

Order

No suppression orders apply around publication of this decision.
The Trustees’ application is dismissed because the Tenancy Tribunal does not have jurisdiction.

Reasons

Both parties attended the hearing.
The purpose of the hearing was to determine whether the Tenancy Tribunal has jurisdiction to hear the Trustees’ application to terminate the tenancy for unpaid rent. Background
The Māori Land Court made an Order on 6 November 2014 pursuant to section 219 of Te Ture Whenua Māori Act 1993 (“TTWMA”) appointing the Trustees the trustees of the Kairama Ahu Whenua Trust (“the Trust”) and vesting the land in Record of Title HB 123/242 (“the land”) in the trustees.
The Record of Title records that the land is Māori freehold land.
The tenant has lived in a house on the land for several years. She is a beneficiary of the Trust. Until recently, she was paying rent to the Trustees for her occupation of the house.
The parties agree that there has been an unwritten tenancy agreement for residential purposes between the parties. Jurisdiction
Section 77(1) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded in section 5 RTA.
Section 5(1)(n) RTA provides that the RTA shall not apply “where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.”
Section 2 RTA provides the definition of “member of the landlord’s or owner’s family”: member of the landlord’s or owner’s family, in relation to a landlord or an owner, means— (a) any person who is or has been related to the landlord or owner— (i) by blood; or (ii) by or through marriage, a civil union, or a de facto relationship; or (iii) by adoption: (b) any other person who is a member of the landlord’s or owner’s whānau or other culturally recognised family group: (c) any child who is being, or is to be, cared for on a continuous basis by— (i) the landlord or owner; or (ii) the landlord’s or owner’s spouse, civil union partner, or de facto partner.
In Adams v Massey University Palmerston North TT 43/94, 10 October 1994 Judge Toomey stated that in order to give effect to the Act’s true intent and meaning, the Courts (and the Tribunal) are required to interpret the exemptions in section 5 RTA strictly and not liberally.
The parties agree that the tenant is a member of the owner’s whānau. On this basis, the Tribunal’s jurisdiction is excluded.
As noted above, the land in question is Māori freehold land. Section 18 TTWMA provides that the Māori Land Court has jurisdiction: (a) to hear and determine any claim, whether at law or in equity, to the ownership or possession of Māori freehold land, or to any right, title, estate, or interest in any such land or in the proceeds of the alienation of any such right, title, estate, or interest: (d) to hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Māori freehold land.
Under section 19 TTWMA the Māori Land Court has wide powers to order injunctions in relation to that land and under section 20 TTWMA it has jurisdiction for the recovery of land in certain circumstances. Conclusion
The tenancy is an excluded tenancy under the RTA, as it falls within section 5(1)(n) of that Act.
However, the matter would appear to fall within section 18 TTWMA. As the Māori Land Court has jurisdiction, the Trustees will need to make application to it for orders regarding the tenant’s occupation of the land and their plans for its development.

Order

No suppression orders apply around publication of this decision.
The Trustees’ application is dismissed because the Tenancy Tribunal does not have jurisdiction.

Reasons

Both parties attended the hearing.
The purpose of the hearing was to determine whether the Tenancy Tribunal has jurisdiction to hear the Trustees’ application to terminate the tenancy for unpaid rent. Background
The Māori Land Court made an Order on 6 November 2014 pursuant to section 219 of Te Ture Whenua Māori Act 1993 (“TTWMA”) appointing the Trustees the trustees of the Kairama Ahu Whenua Trust (“the Trust”) and vesting the land in Record of Title HB 123/242 (“the land”) in the trustees.
The Record of Title records that the land is Māori freehold land.
The tenant has lived in a house on the land for several years. She is a beneficiary of the Trust. Until recently, she was paying rent to the Trustees for her occupation of the house.
The parties agree that there has been an unwritten tenancy agreement for residential purposes between the parties. Jurisdiction
Section 77(1) Residential Tenancies Act 1986 (“RTA”) provides that the Tribunal has jurisdiction to hear claims between landlords and tenants relating to any tenancy to which the Act applies. Section 4 RTA provides that the Act applies to all residential tenancies unless specifically excluded in section 5 RTA.
Section 5(1)(n) RTA provides that the RTA shall not apply “where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family.”
Section 2 RTA provides the definition of “member of the landlord’s or owner’s family”: member of the landlord’s or owner’s family, in relation to a landlord or an owner, means— (a) any person who is or has been related to the landlord or owner— (i) by blood; or (ii) by or through marriage, a civil union, or a de facto relationship; or (iii) by adoption: (b) any other person who is a member of the landlord’s or owner’s whānau or other culturally recognised family group: (c) any child who is being, or is to be, cared for on a continuous basis by— (i) the landlord or owner; or (ii) the landlord’s or owner’s spouse, civil union partner, or de facto partner.
In Adams v Massey University Palmerston North TT 43/94, 10 October 1994 Judge Toomey stated that in order to give effect to the Act’s true intent and meaning, the Courts (and the Tribunal) are required to interpret the exemptions in section 5 RTA strictly and not liberally.
The parties agree that the tenant is a member of the owner’s whānau. On this basis, the Tribunal’s jurisdiction is excluded.
As noted above, the land in question is Māori freehold land. Section 18 TTWMA provides that the Māori Land Court has jurisdiction: (a) to hear and determine any claim, whether at law or in equity, to the ownership or possession of Māori freehold land, or to any right, title, estate, or interest in any such land or in the proceeds of the alienation of any such right, title, estate, or interest: (d) to hear and determine any proceeding founded on contract or on tort where the debt, demand, or damage relates to Māori freehold land.
Under section 19 TTWMA the Māori Land Court has wide powers to order injunctions in relation to that land and under section 20 TTWMA it has jurisdiction for the recovery of land in certain circumstances. Conclusion
The tenancy is an excluded tenancy under the RTA, as it falls within section 5(1)(n) of that Act.
However, the matter would appear to fall within section 18 TTWMA. As the Māori Land Court has jurisdiction, the Trustees will need to make application to it for orders regarding the tenant’s occupation of the land and their plans for its development.

Tenancy Tribunal case 4670149 — Boarding House at 185 Laws Road, Dannevirke, Dannevirke 4972

At a glance

Tenancy Tribunal case 4670149 — Boarding House at 185 Laws Road, Dannevirke, Dannevirke 4972

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions