What was Tenancy Tribunal case 5308041 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenant’s names and

How much money was awarded in case 5308041?

S] Is Granted Possession Of The Prem…: $28.00 awarded to landlord

What type of tenancy dispute was case 5308041?

The dispute type was not classified.

Where can I read the official tribunal order for case 5308041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12480033-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5308041 about?

The tribunal order states: The Tribunal orders suppression of the Landlord and Tenant’s names and

How much money was awarded in case 5308041?

S] Is Granted Possession Of The Prem…: $28.00 awarded to landlord

What type of tenancy dispute was case 5308041?

The dispute type was not classified.

Where can I read the official tribunal order for case 5308041?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12480033-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5308041 — Tenancy dispute

Reasons

Claims and awards in Tenancy Tribunal application 5308041. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
s] is granted possession of the premises at [Tenancy address suppressed] immediately. 3. The respondent is to pay the ap	$28.00		s] is granted possession of the premises at [Tenancy address suppressed] immediately. 3. The respondent is to pay the ap

Both parties appeared. The hearing was conducted via teleconference.

This was a “fresh” hearing after a successful application for a rehearing made by the tenant.

The owner has applied for possession of the premises pursuant to s 65 of the Residential Tenancies Act 1986 (“RTA”).

Section 65 provides that 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 a trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right, the Tribunal shall make a possession order granting possession of the premises to the applicant.

This section and its application was discussed in more detail during the hearing.

The background and jurisdictional basis of this order is detailed and established in the prior order TT 5061813. That order determined this arrangement was excluded from the Tribunal’s ordinary jurisdiction due to a family arrangement. The more appropriate pathway for the applicant was an application for a possession order pursuant to s 65. This application seeks possession on that basis.

I am satisfied the applicant has established his entitlement to seek such an order. Any previous licence to occupy was ended by the notice dated 4 June 2025. That notice provided an end date that has long passed with the tenant still in residence.

As I stressed at the hearing, the requirements of s 65 RTA mean that once satisfied the applicant is so entitled, the Tribunal must make a possession order. I am so satisfied, and a possession order is made.

That does not dimmish the challenges facing the tenant in moving.

As discussed at the hearing, the actual return of possession can be agreed between the parties as is mutually beneficial as an alternative to any enforcement. Filing fee

As the applicant has wholly succeeded with the claim I must reimburse the filing fee. Suppression

Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.

Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.

Continued suppression of names and identifying details is ordered for the same reasons as previously provided in related orders.

Claims and awards in Tenancy Tribunal application 5308041. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
s] is granted possession of the premises at [Tenancy address suppressed] immediately. 3. The respondent is to pay the ap	$28.00		s] is granted possession of the premises at [Tenancy address suppressed] immediately. 3. The respondent is to pay the ap

Order

The Tribunal orders suppression of the Landlord and Tenant’s names and identifying details.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] immediately.
The respondent is to pay the applicant $28.00 immediately.

Reasons

Both parties appeared. The hearing was conducted via teleconference.
This was a “fresh” hearing after a successful application for a rehearing made by the tenant.
The owner has applied for possession of the premises pursuant to s 65 of the Residential Tenancies Act 1986 (“RTA”).
Section 65 provides that 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 a trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right, the Tribunal shall make a possession order granting possession of the premises to the applicant.
This section and its application was discussed in more detail during the hearing.
The background and jurisdictional basis of this order is detailed and established in the prior order TT 5061813. That order determined this arrangement was excluded from the Tribunal’s ordinary jurisdiction due to a family arrangement. The more appropriate pathway for the applicant was an application for a possession order pursuant to s 65. This application seeks possession on that basis.
I am satisfied the applicant has established his entitlement to seek such an order. Any previous licence to occupy was ended by the notice dated 4 June 2025. That notice provided an end date that has long passed with the tenant still in residence.
As I stressed at the hearing, the requirements of s 65 RTA mean that once satisfied the applicant is so entitled, the Tribunal must make a possession order. I am so satisfied, and a possession order is made.
That does not dimmish the challenges facing the tenant in moving.
As discussed at the hearing, the actual return of possession can be agreed between the parties as is mutually beneficial as an alternative to any enforcement. Filing fee
As the applicant has wholly succeeded with the claim I must reimburse the filing fee. Suppression
Section 95A RTA states regarding suppression orders that the Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
Further, the Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
Continued suppression of names and identifying details is ordered for the same reasons as previously provided in related orders.

Tenancy Tribunal case 5308041 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5308041 — Tenancy dispute

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