How much money was awarded in case 5122928?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5122928?

The dispute type was not classified.

Where can I read the official tribunal order for case 5122928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11393486-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5122928?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5122928?

The dispute type was not classified.

Where can I read the official tribunal order for case 5122928?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11393486-Tenancy_Tribunal_Order.pdf.

36 Waharua Road, Te Hapua, RD 4, Te Kao 0484 Tenancy Tribunal Case 5122928 — Tenancy dispute

Q: What was Tenancy Tribunal case 5122928 about?

The tribunal order states: Upon the Respondents providing evidence that they have filed proceedings with

Order

Upon the Respondents providing evidence that they have filed proceedings with the Maori Land Court about the dwelling at 36 Waharua Road, this application is dismissed.
Ms Johanna Maaka is to send confirmation of her application to the Māori Land Court to whangareitt@justice.govt.nz by 18 February 2025.

Reasons

The application seeks an order for possession under the “Eviction of squatters” provisions in the Residential Tenancies Act 1986 (“RTA”).
Section 65 RTA states: Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order of the premises to the applicant.
Therefore, the person bringing this type of application must show that: a. They are legally entitled to possession of the premises. They may be the owner, or have a legal right granted by the owner, such as a tenancy, a lease, or a license; and b. The other person who is living there does not have any legal right to occupy.
The hearing took place at the Kaitaia Court on 4 February 2025. Ms Rewi- Maaka, Mr [The tenant/s], and Ms [The tenant/s] attended the hearing. I also heard from Ms Johanna Maaka, Ms Rewi-Maaka’s sister.
Ms Rewi-Maaka said that: a. Her mother, Ms Helena Riwi, used to live at 36 Waharua Road. b. The house is on Māori land. Helena had a right to occupy the house for her lifetime. c. Helena passed away in April 2024. d. Helena left a will. Under the terms of the will: i. Helena’s interest “in any Māori freehold land” was divided into two equal shares. Each share was to divided equally between her grandchildren. ii. Riria had the right to occupy the dwelling during her lifetime. e. Joseph and Keita moved into the house in the winter of 2024. f. She now needs the house because there are too many people in the property that she is currently renting.
Joseph, Keita, and Johanna said that there is a dispute about who has the right to occupy the premises. The issues are complex. Johanna said that she filed an application with the Māori Land Court on 28 January (a few days ago).
To make an order for possession, I must be satisfied that Joseph and Keita have no legal right to occupy the premises. In this instance, that issue is in dispute, and Joseph and Keita have taken appropriate steps to have their legal rights determined in the correct forum, which is the Māori Land Court.
Joseph and Keita are in the process of building their own house. The legal processes may take some time to resolve, and in the meantime I encourage the parties to continue to talk to each and take a practical approach in considering who is in most need of housing and what is in the best interests of the whanau.
Johanna said that she had not yet received confirmation from the Māori Land Court of the claim that she filed last week. She will send a copy of this to the Tenancy Tribunal as soon possible.
If Johanna fails to provide evidence of the Māori Land Court application, this Tenancy Tribunal application may be set down for a further hearing.

Order

Upon the Respondents providing evidence that they have filed proceedings with the Maori Land Court about the dwelling at 36 Waharua Road, this application is dismissed.

Ms Johanna Maaka is to send confirmation of her application to the Māori Land Court to whangareitt@justice.govt.nz by 18 February 2025.

Reasons

The application seeks an order for possession under the “Eviction of squatters” provisions in the Residential Tenancies Act 1986 (“RTA”).

Section 65 RTA states: Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order of the premises to the applicant.

Therefore, the person bringing this type of application must show that: a. They are legally entitled to possession of the premises. They may be the owner, or have a legal right granted by the owner, such as a tenancy, a lease, or a license; and b. The other person who is living there does not have any legal right to occupy.

The hearing took place at the Kaitaia Court on 4 February 2025. Ms Rewi- Maaka, Mr [The tenant/s], and Ms [The tenant/s] attended the hearing. I also heard from Ms Johanna Maaka, Ms Rewi-Maaka’s sister.

Ms Rewi-Maaka said that: a. Her mother, Ms Helena Riwi, used to live at 36 Waharua Road. b. The house is on Māori land. Helena had a right to occupy the house for her lifetime. c. Helena passed away in April 2024. d. Helena left a will. Under the terms of the will: i. Helena’s interest “in any Māori freehold land” was divided into two equal shares. Each share was to divided equally between her grandchildren. ii. Riria had the right to occupy the dwelling during her lifetime. e. Joseph and Keita moved into the house in the winter of 2024. f. She now needs the house because there are too many people in the property that she is currently renting.

Joseph, Keita, and Johanna said that there is a dispute about who has the right to occupy the premises. The issues are complex. Johanna said that she filed an application with the Māori Land Court on 28 January (a few days ago).

To make an order for possession, I must be satisfied that Joseph and Keita have no legal right to occupy the premises. In this instance, that issue is in dispute, and Joseph and Keita have taken appropriate steps to have their legal rights determined in the correct forum, which is the Māori Land Court.

Joseph and Keita are in the process of building their own house. The legal processes may take some time to resolve, and in the meantime I encourage the parties to continue to talk to each and take a practical approach in considering who is in most need of housing and what is in the best interests of the whanau.

Johanna said that she had not yet received confirmation from the Māori Land Court of the claim that she filed last week. She will send a copy of this to the Tenancy Tribunal as soon possible.

If Johanna fails to provide evidence of the Māori Land Court application, this Tenancy Tribunal application may be set down for a further hearing.

Tenancy Tribunal case 5122928 — Tenancy dispute at 36 Waharua Road, Te Hapua, RD 4, Te Kao 0484

At a glance

Claims & awards

Tenancy Tribunal case 5122928 — Tenancy dispute at 36 Waharua Road, Te Hapua, RD 4, Te Kao 0484

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