What was Tenancy Tribunal case 5321103 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 5321103?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5321103?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5321103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12303707-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5321103 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 5321103?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5321103?

The primary dispute was 14-day notice.

Where can I read the official tribunal order for case 5321103?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12303707-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5321103 — 14-day notice

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Applicant’s name and identifying details.
[The Applicant/s] is granted possession of the premises at [Tenancy address suppressed] at 5.00pm on Monday 1 December 2025.

Reasons

Both parties attended the hearing.
[The applicant/s] has applied for possession of the premises under section 65(1) of the Residential Tenancies Act 1986. Background summary
[The applicant/s] is the registered owner of the residential premises at [tenancy address suppressed] after the death of his late mother, [redacted], on 7 February 2021.
[The applicant/s] says that Mr Rarere moved into the premises in February 2014 to help with his mother’s day-to-day needs.
After his mother’s passing, [the applicant/s] says he informed Mr Rarere on 10 April 2021, that he would need to vacate the premises after 12 months, and he agreed.
[The applicant/s] says that Mr Rarere changed his position and refuses to leave.
On 8 July 2025, Mr Rarere was served with a trespass notice requiring him to leave within 14 days. Mr Rarere remained in occupation.
On 18 July 2025, [the applicant/s] received a letter from Mr Rarere. Mr Rarere apologised and requested 3 to 4 months to find alternative accommodation and clean up the premises. Mr Rarere stated, “Please [redacted] I just need this time to find another place for me. I’ve always known this needed to happen.”
Mr Rarere says the letter is genuine and he just wants more time to vacate as he has a lot of gear. Mr Rarere confirmed that he has just found a new place to live.

Should a possession order be made under section 65 RTA?

Section 65 RTA 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 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 granting possession of the premises to the applicant.
Section 65 was considered by the High Court in Sergeant v Nigro and Tapsell. 1 The Court held [at 74] that there are three conditions which have to be met before an order can be made: (a) The premises the subject of the application are residential premises. (b) The applicant for possession is entitled to possession of those premises. (c) Another person or persons are in possession as squatters, trespassers, or otherwise than pursuant to any right of occupation granted by a person having lawful authority to do so.
Section 2 of the RTA defines residential premises as, “any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential premises is or would be unlawful.”
“Premises” includes: 1 [2019] NZHC 328. (a) any part of any premises; and (b) any land and appurtenances, other than facilities; and (c) any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land.
It follows that the premises in this case are clearly residential premises.
[The applicant/s] is entitled to possession as the registered legal owner of the premises as evidenced by the certificate of title.
Mr Rarere is currently in possession of the premises without any rights of occupation granted by the legal owner [The applicant/s].
It is clear from the wording of section 65 RTA that the exercise of the jurisdiction under that section does not involve a discretion and upon satisfaction of the primary jurisdictional requirements it is mandatory that the Tenancy Tribunal make a possession order. 2
Consequently, I find that [The applicant/s] is entitled to an order for possession of the premises as sought.
[The applicant/s] has requested that Mr Rarere vacate the premises by Monday 1 December 2025, so I make an order accordingly.
As [The applicant/s] has been successful in his application, he is entitled to name suppression as requested.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Applicant’s name and identifying details.
[The Applicant/s] is granted possession of the premises at [Tenancy address suppressed] at 5.00pm on Monday 1 December 2025.

Reasons

Both parties attended the hearing.
[The applicant/s] has applied for possession of the premises under section 65(1) of the Residential Tenancies Act 1986. Background summary
[The applicant/s] is the registered owner of the residential premises at [tenancy address suppressed] after the death of his late mother, [redacted], on 7 February 2021.
[The applicant/s] says that Mr Rarere moved into the premises in February 2014 to help with his mother’s day-to-day needs.
After his mother’s passing, [the applicant/s] says he informed Mr Rarere on 10 April 2021, that he would need to vacate the premises after 12 months, and he agreed.
[The applicant/s] says that Mr Rarere changed his position and refuses to leave.
On 8 July 2025, Mr Rarere was served with a trespass notice requiring him to leave within 14 days. Mr Rarere remained in occupation.
On 18 July 2025, [the applicant/s] received a letter from Mr Rarere. Mr Rarere apologised and requested 3 to 4 months to find alternative accommodation and clean up the premises. Mr Rarere stated, “Please [redacted] I just need this time to find another place for me. I’ve always known this needed to happen.”
Mr Rarere says the letter is genuine and he just wants more time to vacate as he has a lot of gear. Mr Rarere confirmed that he has just found a new place to live.

Should a possession order be made under section 65 RTA?

Section 65 RTA 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 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 granting possession of the premises to the applicant.
Section 65 was considered by the High Court in Sergeant v Nigro and Tapsell. 1 The Court held [at 74] that there are three conditions which have to be met before an order can be made: (a) The premises the subject of the application are residential premises. (b) The applicant for possession is entitled to possession of those premises. (c) Another person or persons are in possession as squatters, trespassers, or otherwise than pursuant to any right of occupation granted by a person having lawful authority to do so.
Section 2 of the RTA defines residential premises as, “any premises used or intended for occupation by any person as a place of residence, whether or not the occupation or intended occupation for residential premises is or would be unlawful.”
“Premises” includes: 1 [2019] NZHC 328. (a) any part of any premises; and (b) any land and appurtenances, other than facilities; and (c) any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land.
It follows that the premises in this case are clearly residential premises.
[The applicant/s] is entitled to possession as the registered legal owner of the premises as evidenced by the certificate of title.
Mr Rarere is currently in possession of the premises without any rights of occupation granted by the legal owner [The applicant/s].
It is clear from the wording of section 65 RTA that the exercise of the jurisdiction under that section does not involve a discretion and upon satisfaction of the primary jurisdictional requirements it is mandatory that the Tenancy Tribunal make a possession order. 2
Consequently, I find that [The applicant/s] is entitled to an order for possession of the premises as sought.
[The applicant/s] has requested that Mr Rarere vacate the premises by Monday 1 December 2025, so I make an order accordingly.
As [The applicant/s] has been successful in his application, he is entitled to name suppression as requested.

Tenancy Tribunal case 5321103 — 14-day notice

At a glance

Tenancy Tribunal case 5321103 — 14-day notice

At a glance

Claims & awards

Order

Reasons

Should a possession order be made under section 65 RTA?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should a possession order be made under section 65 RTA?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions