What was Tenancy Tribunal case 5145728 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5145728?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5145728?

The dispute type was not classified.

Where can I read the official tribunal order for case 5145728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11954416-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5145728 about?

The tribunal order states: The Tribunal orders suppression of the parties’ names and identifying details.

How much money was awarded in case 5145728?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5145728?

The dispute type was not classified.

Where can I read the official tribunal order for case 5145728?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11954416-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5145728 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by teleconference.

The applicant has filed claims for compensation.

The application was first brought in the Disputes Tribunal which properly noted that: “....as this arises from a tenancy agreement, this will need to be determined first by the TT (Tenancy Tribunal). In most cases, family tenancies are excluded, but in this case, the parties may have contracted back in due to the WINZ payments, and the signing of a residential tenancy agreement. Only the TT can make that determination of the status of the arrangement.”

What the DT Referee may not have been aware of, is that status of the parties’ arrangement has previously been determined by an Order of the Tenancy Tribunal dated 30 May 2024 (application 4884460) which dismissed the respondents’ application on the basis that the Tribunal did not have jurisdiction to consider it.

Subsequently, a possession Order was made by consent on 27 June 2024 (application 4910013). The Tribunal had jurisdiction to make that Order only because it was an application brought under s.65 which expressly provides in s.65(3) that, “To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.”

The Tribunal having already made a finding that the parties’ arrangement is not subject to the Residential Tenancies Act, it is not open to me to make a different finding.

This application is accordingly dismissed.

To be clear, that is not a finding that the application has no merit, simply that it cannot be determined by the Tenancy Tribunal.

Finally, I note that only the applicant sought name suppression and I had intended to make suppression Orders accordingly. On further reflection, I am concerned that identification of the respondents combined with the reasons for the jurisdictional finding, may enable identification of the applicant. I therefor order suppression of all parties’ details.

No Order is made ins respect of the filing fee.

Reasons

Both parties attended the hearing which was held by teleconference.

The applicant has filed claims for compensation.

The Tribunal having already made a finding that the parties’ arrangement is not subject to the Residential Tenancies Act, it is not open to me to make a different finding.

This application is accordingly dismissed.

To be clear, that is not a finding that the application has no merit, simply that it cannot be determined by the Tenancy Tribunal.

No Order is made ins respect of the filing fee.

Tenancy Tribunal case 5145728 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5145728 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

Topics & place

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Order

Reasons

Topics & place

Frequently asked questions