What was the outcome of Tenancy Tribunal case 5037109?

The tribunal order states: By declaration, the agreement between Adastra Farm Limited and Waste

How much money was awarded in case 5037109?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5037109?

The dispute type was not classified.

Where can I read the official tribunal order for case 5037109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11153096-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5037109?

The tribunal order states: By declaration, the agreement between Adastra Farm Limited and Waste

How much money was awarded in case 5037109?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5037109?

The dispute type was not classified.

Where can I read the official tribunal order for case 5037109?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11153096-Tenancy_Tribunal_Order.pdf.

44 Richards Road, Dairy Flat, RD 4, Dairy Flat 0794 Tenancy Tribunal Case 5037109 — Tenancy dispute

Order

By declaration, the agreement between Adastra Farm Limited and Waste Management NZ Limited, in relation to the premises at 44 Richards Road, Dairy Flat, RD4, Auckland, is not a residential tenancy and is therefore not subject to the Residential Tenancies Act 1986.
The Tenancy Tribunal does not have jurisdiction to hear this case.
The application is dismissed.

Reasons

Both parties attended the hearing via remote teleconference.
A preliminary question arises in this case, namely, whether or not the Tribunal has jurisdiction to hear the claim, by virtue of s 5(1)(b) of the Residential Tenancies Act 1986 (RTA).
Questions of jurisdiction are fundamental and must be decided before the Tribunal can go on to make any other findings in a case. Put simply, if there is no jurisdiction, then I cannot proceed to hear the case.
The applicant has been at the property for approximately 30 years. The applicant was an employee for Waste Management NZ Limited and was the landfill manager for approximately 18 years.
The applicant says that the arrangement in the beginning was informal. There was a weekly rental which became a monthly rental.
The applicant was made redundant in 2021 from his employment role. The applicant still resides at the address pursuant to the Deed of Lease.
The applicant stated that his wife, on an earlier occasion was operating a small cheese making business from the premises. He states that his wife was making cheese from the buffalo milk but is no longer operating this business due to the compliance costs. In my view this has no bearing in deciding whether or not the Tribunal has jurisdiction.
The respondent says the lease is a farm lease for the grazing of animals. The applicant pays the respondent the annual grazing rate (plus GST) for the use of the land. The applicant then in turn, at some stage derives income from the grazing of the animals.
The applicant provided a Deed of Lease of Farmland agreement (“the agreement”) dated 15 December 2021 with his application. The parties did not dispute the terms of the agreement during the hearing.
Annexed to the agreement was a schedule. The lessor being Waste Management NZ Limited and the lessee being Adastra Farm Limited. Further terms of the schedule were as follows: Term: Two years Commencement date: 1 February 2021 Termination date: 31 January 2023 Rights of Renewal: Two x two years Renewal dates: 1 February 2023 and 1 February 2025 Final Termination Date: 31 January 2027 Annual rental: $6,760.00 plus GST Annual grazing rate: $3,324.00 plus GST at $100.00 per acre of a total of 33.4 acres. Grazing rate is to be reviewed annually and agreed between the parties, provided that it shall not be less than the rate at the preceding review, or if the first review, at the commencement date. ... Permitted use: Lessee accommodation, farming, food manufacturing (meat and dairy products) and/or another use approved by the lessor in writing.
The terms of the agreement also provided for, inter alia, pasture management, re-grassing, good husbandry and stocking of the pasture. There is also an arbitration clause in respect of any differences or disputes which may arise.
The issue that I must determine is whether the whole or a part of the tenant’s income is derived from the use of the premises for agricultural, pastoral, horticultural, or other similar purposes. If so, then the exclusion in s 5(1)(b) will apply and the RTA will not apply.
Section 4 of the RTA, states that the RTA “applies to every tenancy for residential purposes except as specifically provided”.
As recorded above, section 4 confirms that the RTA applies to every tenancy for residential purposes, except as specifically provided.
The specific exclusions are found in section 5 of the RTA. Section 5 sets out wide ranging circumstances in which that arrangement that would otherwise be a residential tenancy, is excluded from the RTA. Of relevance in this case is the exclusion at section 5(1)(b).
In the case before me, I am entirely satisfied that given the oral evidence received during the hearing, coupled with the contents of the Deed of Lease of Farmland dated 15 December 2021, mean the premises fall within the section 5(1)(b) exclusion, meaning the Tribunal has no jurisdiction to determine this dispute.
Accordingly, the Tribunal does not have jurisdiction to hear this claim.

Order

By declaration, the agreement between Adastra Farm Limited and Waste Management NZ Limited, in relation to the premises at 44 Richards Road, Dairy Flat, RD4, Auckland, is not a residential tenancy and is therefore not subject to the Residential Tenancies Act 1986.
The Tenancy Tribunal does not have jurisdiction to hear this case.
The application is dismissed.

Reasons

Both parties attended the hearing via remote teleconference.
A preliminary question arises in this case, namely, whether or not the Tribunal has jurisdiction to hear the claim, by virtue of s 5(1)(b) of the Residential Tenancies Act 1986 (RTA).
Questions of jurisdiction are fundamental and must be decided before the Tribunal can go on to make any other findings in a case. Put simply, if there is no jurisdiction, then I cannot proceed to hear the case.
The applicant has been at the property for approximately 30 years. The applicant was an employee for Waste Management NZ Limited and was the landfill manager for approximately 18 years.
The applicant says that the arrangement in the beginning was informal. There was a weekly rental which became a monthly rental.
The applicant was made redundant in 2021 from his employment role. The applicant still resides at the address pursuant to the Deed of Lease.
The applicant stated that his wife, on an earlier occasion was operating a small cheese making business from the premises. He states that his wife was making cheese from the buffalo milk but is no longer operating this business due to the compliance costs. In my view this has no bearing in deciding whether or not the Tribunal has jurisdiction.
The respondent says the lease is a farm lease for the grazing of animals. The applicant pays the respondent the annual grazing rate (plus GST) for the use of the land. The applicant then in turn, at some stage derives income from the grazing of the animals.
The applicant provided a Deed of Lease of Farmland agreement (“the agreement”) dated 15 December 2021 with his application. The parties did not dispute the terms of the agreement during the hearing.
Annexed to the agreement was a schedule. The lessor being Waste Management NZ Limited and the lessee being Adastra Farm Limited. Further terms of the schedule were as follows: Term: Two years Commencement date: 1 February 2021 Termination date: 31 January 2023 Rights of Renewal: Two x two years Renewal dates: 1 February 2023 and 1 February 2025 Final Termination Date: 31 January 2027 Annual rental: $6,760.00 plus GST Annual grazing rate: $3,324.00 plus GST at $100.00 per acre of a total of 33.4 acres. Grazing rate is to be reviewed annually and agreed between the parties, provided that it shall not be less than the rate at the preceding review, or if the first review, at the commencement date. ... Permitted use: Lessee accommodation, farming, food manufacturing (meat and dairy products) and/or another use approved by the lessor in writing.
The terms of the agreement also provided for, inter alia, pasture management, re-grassing, good husbandry and stocking of the pasture. There is also an arbitration clause in respect of any differences or disputes which may arise.
The issue that I must determine is whether the whole or a part of the tenant’s income is derived from the use of the premises for agricultural, pastoral, horticultural, or other similar purposes. If so, then the exclusion in s 5(1)(b) will apply and the RTA will not apply.
Section 4 of the RTA, states that the RTA “applies to every tenancy for residential purposes except as specifically provided”.
As recorded above, section 4 confirms that the RTA applies to every tenancy for residential purposes, except as specifically provided.
The specific exclusions are found in section 5 of the RTA. Section 5 sets out wide ranging circumstances in which that arrangement that would otherwise be a residential tenancy, is excluded from the RTA. Of relevance in this case is the exclusion at section 5(1)(b).
In the case before me, I am entirely satisfied that given the oral evidence received during the hearing, coupled with the contents of the Deed of Lease of Farmland dated 15 December 2021, mean the premises fall within the section 5(1)(b) exclusion, meaning the Tribunal has no jurisdiction to determine this dispute.
Accordingly, the Tribunal does not have jurisdiction to hear this claim.

Tenancy Tribunal case 5037109 — Tenancy dispute at 44 Richards Road, Dairy Flat, RD 4, Dairy Flat 0794

At a glance

Claims & awards

Tenancy Tribunal case 5037109 — Tenancy dispute at 44 Richards Road, Dairy Flat, RD 4, Dairy Flat 0794

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