What was Tenancy Tribunal case 5068288 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5068288?

Identifying Details. 2. Is Granted P…: $27.00 awarded to landlord

What type of tenancy dispute was case 5068288?

The dispute type was not classified.

Where can I read the official tribunal order for case 5068288?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346899-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5068288 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5068288?

Identifying Details. 2. Is Granted P…: $27.00 awarded to landlord

What type of tenancy dispute was case 5068288?

The dispute type was not classified.

Where can I read the official tribunal order for case 5068288?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11346899-Tribunal_Order_Redacted.pdf.

suppressed] Tenancy Tribunal Case 5068288 — Tenancy dispute

Reasons

Background

Claims and awards in Tenancy Tribunal application 5068288. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
identifying details. 2. is granted possession of the premises at immediately. 3. Huia Nathan and John Adams are to pay	$27.00		identifying details. 2. is granted possession of the premises at immediately. 3. Huia Nathan and John Adams are to pay

The two dwellings identified as [property 1] and [property 2] are located on a 413ha property in [location redacted].

The property is owned by the [The landlord/s]. The property is part of a portfolio of land known as the [redacted], held by [The landlord/s] for [redacted].

The property is managed by [The property manager/s].

In October 2024, [The property manager/s] became aware that someone was occupying [property 1]. They later became aware that [property 2] was also occupied.

[The property manager/s] understands that John Adams, Huia Nathan, and their whanau are living there. [The property manager/s] provided the Tribunal with copies of letters sent by Mr Clinton Dearlove on behalf of Mr Adams and Ms Nathan. There is no evidence to suggest that Mr Dearlove is also living at the property.

This application is brought under the “eviction of squatters” provisions in the Residential Tenancies Act 1986. 1 The Tribunal may make an order for the possession of residential premises if the Tribunal is satisfied that: any other person is in possession of the premises as a squatter or trespasser, otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right

The hearing took place on 23 January 2025 at [Event location suppressed]. [The landlord’s representative], representing [The landlord/s], attended the hearing by phone with the consent of the Tribunal. [The landlord’s representative] is based in [City]. There was no appearance by the Respondents. The Respondents did not request to attend by telephone or indicate that they were unable to attend the hearing.

I am satisfied that the Respondents received notice of the hearing. [The landlord’s representative] provided a copy of an email from Mr Dearlove dated 22 January, in which Mr Dearlove states “we formally acknowledge the trespass notice and the tenancy tribunal letters that have been issued”. Findings

[The property manager/s] provided evidence showing that:

[The landlord/s] is the legal owner of the land.

[The landlord/s] has not granted Mr Adams, Ms Nathan, or any other person the right to occupy either of the two dwellings.

I have not been provided with any evidence or argument that Mr Adams or Ms Nathan have a legal right to occupy the dwellings.

Therefore, I must find that [The landlord/s] is entitled to an order for immediate possession of the premises.

[The landlord/s] has been successful in these proceedings, and I must award [The landlord/s] the filing fee of $27.00. 2 1 Section 65 RTA 2 Section 102(4) RTA

[The landlord/s] sought name suppression. Name suppression is granted on the grounds that [The landlord/s] has substantially succeeded in the proceedings. 3

Claims and awards in Tenancy Tribunal application 5068288. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
identifying details. 2. is granted possession of the premises at immediately. 3. Huia Nathan and John Adams are to pay	$27.00		identifying details. 2. is granted possession of the premises at immediately. 3. Huia Nathan and John Adams are to pay

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
is granted possession of the premises at immediately.
Huia Nathan and John Adams are to pay $27.00 immediately, being the filing fee for this application.

Reasons

Background

The two dwellings identified as [property 1] and [property 2] are located on a 413ha property in [location redacted].
The property is owned by the [The landlord/s]. The property is part of a portfolio of land known as the [redacted], held by [The landlord/s] for [redacted].
The property is managed by [The property manager/s].
In October 2024, [The property manager/s] became aware that someone was occupying [property 1]. They later became aware that [property 2] was also occupied.
[The property manager/s] understands that John Adams, Huia Nathan, and their whanau are living there. [The property manager/s] provided the Tribunal with copies of letters sent by Mr Clinton Dearlove on behalf of Mr Adams and Ms Nathan. There is no evidence to suggest that Mr Dearlove is also living at the property.
This application is brought under the “eviction of squatters” provisions in the Residential Tenancies Act 1986. 1 The Tribunal may make an order for the possession of residential premises if the Tribunal is satisfied that: any other person is in possession of the premises as a squatter or trespasser, otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right
The hearing took place on 23 January 2025 at [Event location suppressed]. [The landlord’s representative], representing [The landlord/s], attended the hearing by phone with the consent of the Tribunal. [The landlord’s representative] is based in [City]. There was no appearance by the Respondents. The Respondents did not request to attend by telephone or indicate that they were unable to attend the hearing.
I am satisfied that the Respondents received notice of the hearing. [The landlord’s representative] provided a copy of an email from Mr Dearlove dated 22 January, in which Mr Dearlove states “we formally acknowledge the trespass notice and the tenancy tribunal letters that have been issued”. Findings
[The property manager/s] provided evidence showing that:
[The landlord/s] is the legal owner of the land.
[The landlord/s] has not granted Mr Adams, Ms Nathan, or any other person the right to occupy either of the two dwellings.
I have not been provided with any evidence or argument that Mr Adams or Ms Nathan have a legal right to occupy the dwellings.
Therefore, I must find that [The landlord/s] is entitled to an order for immediate possession of the premises.
[The landlord/s] has been successful in these proceedings, and I must award [The landlord/s] the filing fee of $27.00. 2 1 Section 65 RTA 2 Section 102(4) RTA
[The landlord/s] sought name suppression. Name suppression is granted on the grounds that [The landlord/s] has substantially succeeded in the proceedings. 3

Tenancy Tribunal case 5068288 — Tenancy dispute at suppressed]

At a glance

Claims & awards

Tenancy Tribunal case 5068288 — Tenancy dispute at suppressed]

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Frequently asked questions