Tenantcheck Insights · Case study
Tenancy Tribunal case 5091408 — Tenancy dispute at 126A Dickson Road, Papamoa Beach, Papamoa 3118
Decided 17 Dec 2024 · Published 17 Dec 2024 · Application 5091408
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Location
Papamoa
Tribunal region
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal orders suppression of both the Tenants’ and Landlord’s names and identifying details.
- This application is struck out.
Reasons
- All parties attended the hearing. The tenants attended at the Tauranga District Court and the landlord attended by telephone.
- The issue to be determined today was whether the Tenancy Tribunal had jurisdiction to hear this claim.
- The Tenancy Tribunal’s jurisdiction to hear claims is limited to claims brought under the Residential Tenancies Act 1986 (RTA).
- Section 5 RTA sets out where the RTA is excluded in certain cases. Section5(m) RTA provides that the Tribunal does not have jurisdiction to hear claims where the premises are let for holiday purposes.
- The rental agreement is titled “8 week holiday agreement”. I accept the landlord’s evidence that he provides the premises as a holiday let in that blankets, sheets (although the tenants dispute that sheets were provided), and limited cooking facilities are provided.
- On this evidence I find that the Tenancy Tribunal does not have jurisdiction to hear this matter because the premises are let for holiday purposes. It is therefore struck out.
- Please note that I am suppressing both parties’ names. This is because the tenants have applied for it and I see no public interest in publishing either parties’ names when the matter has been struck out. C ter Haar 17 December 2024