What was Tenancy Tribunal case 4768857 about?

The tribunal order states: The application is dismissed as the Tribunal does not have jurisdiction to

How much money was awarded in case 4768857?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4768857?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4768857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9869363-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 4768857 about?

The tribunal order states: The application is dismissed as the Tribunal does not have jurisdiction to

How much money was awarded in case 4768857?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4768857?

The primary dispute was Boarding House.

Where can I read the official tribunal order for case 4768857?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9869363-Tenancy_Tribunal_Order.pdf.

121 Rataroa Road, Kaeo, Kaeo 0479 Tenancy Tribunal Case 4768857 — Boarding House

Order

The application is dismissed as the Tribunal does not have jurisdiction to consider the application.

Reasons

Both parties attended the hearing.
The main purpose of the hearing was to determine whether the Tenancy Tribunal has jurisdiction to hear the Trustees’ application for a possession order.
The land at issue is at 121 Rataroa Road, Kaeo (“the premises”).
The applicant in this matter is Bryce Smith. Bryce Smith confirmed that he had changed his name to [The party]. For the purposes of this hearing, I record that the applicant Bryce Arlidge and Bryce Smith are one and the same person. Background
The record of title for the premises is 38B/115 North Auckland Registry. I asked the applicant to provide the Tribunal with an updated copy of the record of title and he has done so.
The record of title to the premises discloses two important matters.
Firstly, the title records that the land is not general land but Māori Freehold land (see the status order dated 9 June 1992).
Secondly, it records a Trustee order registered on 26 March 2021, vesting the land in “ Rick Rickardo Smith, Terrence Twigg Smith, Vance Samuel Smith, Peter-Barry Smith, Whetu-Iti Doreen Silver, Russell Owen Smith, Launa-Anne Smith and Bryce Peta Smith as responsible trustees jointly, no survivorship”.
Terrence Smith and his daughter [The party] are the occupants of the premises in this application and they have lived on the land for some time. Terrence Smith is a trustee as shown in the vesting order referred to above.
The applicant is also a trustee of the trust. 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 occupants are member of the owners’ whānau. On this basis, the Tribunal’s jurisdiction is excluded.( See Mexted v Mexted, Gray and Rasmussen ( 2021) NZTT Hamilton 4300218 confirming that a trust can have family members as consideration is given to the trustees who do have families.)
As noted above, the land in question is Māori freehold land. Section 18 Te Ture Whenua Māori Act 1993 (“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.
The applicant is a trustee of the trust. Trustees must act unanimously. A single trustee cannot issue proceedings on behalf of the Trust. Conclusion
The tenancy is an excluded tenancy under the RTA, as it falls within section 5(1)(n) of that Act.
The applicant does not have the power to issue these proceedings as a sole trustee.
The application is dismissed.
I record that neither party has applied for name suppression.

Order

The application is dismissed as the Tribunal does not have jurisdiction to consider the application.

Reasons

Both parties attended the hearing.
The main purpose of the hearing was to determine whether the Tenancy Tribunal has jurisdiction to hear the Trustees’ application for a possession order.
The land at issue is at 121 Rataroa Road, Kaeo (“the premises”).
The applicant in this matter is Bryce Smith. Bryce Smith confirmed that he had changed his name to [The party]. For the purposes of this hearing, I record that the applicant Bryce Arlidge and Bryce Smith are one and the same person. Background
The record of title for the premises is 38B/115 North Auckland Registry. I asked the applicant to provide the Tribunal with an updated copy of the record of title and he has done so.
The record of title to the premises discloses two important matters.
Firstly, the title records that the land is not general land but Māori Freehold land (see the status order dated 9 June 1992).
Secondly, it records a Trustee order registered on 26 March 2021, vesting the land in “ Rick Rickardo Smith, Terrence Twigg Smith, Vance Samuel Smith, Peter-Barry Smith, Whetu-Iti Doreen Silver, Russell Owen Smith, Launa-Anne Smith and Bryce Peta Smith as responsible trustees jointly, no survivorship”.
Terrence Smith and his daughter [The party] are the occupants of the premises in this application and they have lived on the land for some time. Terrence Smith is a trustee as shown in the vesting order referred to above.
The applicant is also a trustee of the trust. 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 occupants are member of the owners’ whānau. On this basis, the Tribunal’s jurisdiction is excluded.( See Mexted v Mexted, Gray and Rasmussen ( 2021) NZTT Hamilton 4300218 confirming that a trust can have family members as consideration is given to the trustees who do have families.)
As noted above, the land in question is Māori freehold land. Section 18 Te Ture Whenua Māori Act 1993 (“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.
The applicant is a trustee of the trust. Trustees must act unanimously. A single trustee cannot issue proceedings on behalf of the Trust. Conclusion
The tenancy is an excluded tenancy under the RTA, as it falls within section 5(1)(n) of that Act.
The applicant does not have the power to issue these proceedings as a sole trustee.
The application is dismissed.
I record that neither party has applied for name suppression.

Tenancy Tribunal case 4768857 — Boarding House at 121 Rataroa Road, Kaeo, Kaeo 0479

At a glance

Claims & awards

Tenancy Tribunal case 4768857 — Boarding House at 121 Rataroa Road, Kaeo, Kaeo 0479

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions