What was the outcome of Tenancy Tribunal case 5229932?

The tribunal order states: The application is struck out. The Tenancy Tribunal does not have jurisdiction.

How much money was awarded in case 5229932?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5229932?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5229932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12127066-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5229932?

The tribunal order states: The application is struck out. The Tenancy Tribunal does not have jurisdiction.

How much money was awarded in case 5229932?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5229932?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5229932?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12127066-Tenancy_Tribunal_Order.pdf.

609 Baldrock Road [or 605b Lot 1 Baldrock Road], Kaiwaka, Tenancy Tribunal Case 5229932 — Exemplary damages

Order

The application is struck out. The Tenancy Tribunal does not have jurisdiction.

Reasons

Mr Tapp is the former owner of 609 Baldrock Road, Kaiwaka (“the property”).
The property has two residential dwellings on it and a commercial plant nursery.
Mr Tapp lived in one of the houses until April this year.
On 1 April 2025 the mortgagees of the property, Bridging Finance Group Ltd and New Zealand Capital Management Ltd, entered into an agreement to sell the property to JDane Holdings Ltd.
Mr Jonathon Dane is the sole director and shareholder of JDane Holdings Ltd. Mr Tapp and Mr Dane know each other, although the nature and extent of their previous dealings is disputed (as discussed further below).
Mr Tapp has been prevented from returning to the property since the sale to JDane Holdings. He said that he has been unable to retrieve many of his personal belongings, including many years’ of documents.
Mr Tapp brings this application in the Tenancy Tribunal seeking the return of his belongings and compensation / exemplary damages for unlawful termination.
The application was set down for a preliminary (Case Conference) hearing to address the question of jurisdiction. The hearing took place by phone on 16 July 2025. Mr Tapp and Mr Dane took part in the hearing. Both parties provided useful written submissions and supporting evidence, which I have had regard to.
The question to address is whether a tenancy was created in 2022. If so, that tenancy transferred to the mortgagee 1 and then to JDane Holdings Ltd upon the sale of the property. JDane Holdings Ltd would then have to give the appropriate notice to Mr Tapp’s tenancy 2 , and their action of locking Mr Tapp out of the property without lawfully terminating the tenancy would be a breach of the Residential Tenancies Act 1986.
I am aware that Mr Tapp has broader concerns about the lawfulness of the mortgagee’s actions and about the sale by the mortgagee to JDane Holdings. Those concerns are outside the scope of these proceedings.
Mr Tapp said that: a. He and Mr Dane had plans to develop the property. b. When he began living on site, he entered into a tenancy agreement after discussing the matter with his accountant and with Mr Dane. The purpose of the tenancy was to ‘separate out’ this part of the property. Mr Tapp provided a letter from his accountant who confirmed that the tenancy agreement was created “to record the differing uses of these properties for business management and taxation purposes”. c. He signed a written tenancy agreement paid a bond which was lodged with the Bond Centre.
Mr Dane said that: a. He did some work for Mr Tapp as a contractor a few years ago. b. He had some limited conversations with Mr Tapp about the possibility of developing the property, but the conversations went nowhere, and no agreements were made. c. He never had a conversation with Mr Tapp about creating a tenancy. d. He is not, and never has been, Mr Tapp’s landlord.
Mr Tapp provided a copy of a tenancy agreement on the standard Tenancy Services form. The agreement names Mr Tapp as both landlord and tenant and 1 Section 58 Residential Tenancies Act 1986 2 Section 51 RTA is signed by him in both capacities. The agreement records a periodic tenancy beginning on 12 August 2022.
This is the agreement that Mr Tapp relies upon in his argument that Mr Dane purchased the property with an existing tenancy and therefore became his landlord.
A tenancy is the grant of a right to occupy residential premises in exchange for rent. 3 There are two parties – the grantor (landlord) and the grantee (tenant). A tenancy agreement is type of contract.
As a matter of general principle, a person cannot enter into a legally binding and enforceable contract with themselves. 4 Such an arrangement does not have the following essential elements of a legal contract: a. Agreement / meeting of minds. b. Genuine exchange of value. c. Genuine enforceability. A person cannot sue themselves for breach.
Mr Tapp entered into a useful legal fiction, to assist with his commercial projects and tax management, but he did not enter into a genuine tenancy agreement.
No tenancy existed, and therefore no tenancy was passed on to the mortgagees or to JDane Holdings.
The Tenancy Tribunal has no jurisdiction in respect of this dispute. The application must be struck out.

Order

The application is struck out. The Tenancy Tribunal does not have jurisdiction.

Reasons

Mr Tapp is the former owner of 609 Baldrock Road, Kaiwaka (“the property”).
The property has two residential dwellings on it and a commercial plant nursery.
Mr Tapp lived in one of the houses until April this year.
On 1 April 2025 the mortgagees of the property, Bridging Finance Group Ltd and New Zealand Capital Management Ltd, entered into an agreement to sell the property to JDane Holdings Ltd.
Mr Jonathon Dane is the sole director and shareholder of JDane Holdings Ltd. Mr Tapp and Mr Dane know each other, although the nature and extent of their previous dealings is disputed (as discussed further below).
Mr Tapp has been prevented from returning to the property since the sale to JDane Holdings. He said that he has been unable to retrieve many of his personal belongings, including many years’ of documents.
Mr Tapp brings this application in the Tenancy Tribunal seeking the return of his belongings and compensation / exemplary damages for unlawful termination.
The application was set down for a preliminary (Case Conference) hearing to address the question of jurisdiction. The hearing took place by phone on 16 July 2025. Mr Tapp and Mr Dane took part in the hearing. Both parties provided useful written submissions and supporting evidence, which I have had regard to.
The question to address is whether a tenancy was created in 2022. If so, that tenancy transferred to the mortgagee 1 and then to JDane Holdings Ltd upon the sale of the property. JDane Holdings Ltd would then have to give the appropriate notice to Mr Tapp’s tenancy 2 , and their action of locking Mr Tapp out of the property without lawfully terminating the tenancy would be a breach of the Residential Tenancies Act 1986.
I am aware that Mr Tapp has broader concerns about the lawfulness of the mortgagee’s actions and about the sale by the mortgagee to JDane Holdings. Those concerns are outside the scope of these proceedings.
Mr Tapp said that: a. He and Mr Dane had plans to develop the property. b. When he began living on site, he entered into a tenancy agreement after discussing the matter with his accountant and with Mr Dane. The purpose of the tenancy was to ‘separate out’ this part of the property. Mr Tapp provided a letter from his accountant who confirmed that the tenancy agreement was created “to record the differing uses of these properties for business management and taxation purposes”. c. He signed a written tenancy agreement paid a bond which was lodged with the Bond Centre.
Mr Dane said that: a. He did some work for Mr Tapp as a contractor a few years ago. b. He had some limited conversations with Mr Tapp about the possibility of developing the property, but the conversations went nowhere, and no agreements were made. c. He never had a conversation with Mr Tapp about creating a tenancy. d. He is not, and never has been, Mr Tapp’s landlord.
Mr Tapp provided a copy of a tenancy agreement on the standard Tenancy Services form. The agreement names Mr Tapp as both landlord and tenant and 1 Section 58 Residential Tenancies Act 1986 2 Section 51 RTA is signed by him in both capacities. The agreement records a periodic tenancy beginning on 12 August 2022.
This is the agreement that Mr Tapp relies upon in his argument that Mr Dane purchased the property with an existing tenancy and therefore became his landlord.
A tenancy is the grant of a right to occupy residential premises in exchange for rent. 3 There are two parties – the grantor (landlord) and the grantee (tenant). A tenancy agreement is type of contract.
As a matter of general principle, a person cannot enter into a legally binding and enforceable contract with themselves. 4 Such an arrangement does not have the following essential elements of a legal contract: a. Agreement / meeting of minds. b. Genuine exchange of value. c. Genuine enforceability. A person cannot sue themselves for breach.
Mr Tapp entered into a useful legal fiction, to assist with his commercial projects and tax management, but he did not enter into a genuine tenancy agreement.
No tenancy existed, and therefore no tenancy was passed on to the mortgagees or to JDane Holdings.
The Tenancy Tribunal has no jurisdiction in respect of this dispute. The application must be struck out.

Tenancy Tribunal case 5229932 — Exemplary damages at 609 Baldrock Road [or 605b Lot 1 Baldrock Road], Kaiwaka,

At a glance

Tenancy Tribunal case 5229932 — Exemplary damages at 609 Baldrock Road [or 605b Lot 1 Baldrock Road], Kaiwaka,

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions