How much money was awarded in case 5343066?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343066?

The dispute type was not classified.

Where can I read the official tribunal order for case 5343066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12808857-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5343066?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343066?

The dispute type was not classified.

Where can I read the official tribunal order for case 5343066?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12808857-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5343066 — Tenancy dispute

Q: What was Tenancy Tribunal case 5343066 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and tenant name and identifying details.
[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 5pm Tuesday 2 December 2025.
For the avoidance of doubt, any person(s) occupying those premises is/are squatter(s) and may be evicted pursuant to this order on application for enforcement.

Reasons

Counsel for the applicant attended the hearing via remote teleconference. There was no attendance by the respondent.
The landlord has applied for possession of the premises under the squatter provisions of section 65 Residential Tenancies Act 1986.
For the sake of simplicity, I will refer the occupied address as the tenancy address. I accept that there was no tenancy arrangement between the parties. Background
Counsel for the applicant submits as follows.
The applicant is a duly incorporated company. The company is one of the entities owned and operated by the applicant’s family and is the registered owner of a large mixed-use property at the ‘tenancy’ address. On the property is a dwellinghouse and curtilage.
The respondent is the adult daughter of two company shareholders.
Counsel submits that the respondent currently occupies the dwellinghouse on the property as a squatter and a trespasser.
On or about June 2024 the respondent was charged with offending. She was initially bailed to reside with her parents. For reasons which I do not intend to detail the arrangement did not work out. The respondent was bailed to the current tenancy address on a temporary basis only.
Counsel submits that at no time has there been a tenancy agreement. Rent has never been paid by the respondent.
The applicant says that there have been behavioural issues with the respondent at the tenancy address.
Counsel submits that consent for the respondent to be bailed to the tenancy address has now been revoked. They further submit that alternative arrangements for bail have been largely unsuccessful.
On 22 August 2025 the respondent was served with a formal trespass notice by R and M Security and Investigations Limited. An affidavit of service dated 12 September 2025 has been provided by counsel in support of this claim.
Counsel submits that the only basis in which the respondent held the right to occupy the property was on a bare licence, a licence which has now been revoked. At the date of the application the respondent continues to occupy the dwellinghouse at the tenancy address.
The applicant has also provided an affidavit, sworn on 23 September 2025 in support of the application. I have also sighted a company extract confirming the named directors of the applicant company. Relevant law Section 65 Eviction of squatters (1) 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. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.
Section 65 RTA allows the Tribunal to make a possession order for any person in unlawful occupation of residential premises, even if there is no landlord- tenant relationship.
The person in occupation does not need to be a tenant, and the applicant does not need to be a landlord for section 65 to apply.
This section is specifically designed to address situations involving squatters or trespassers.
The applicant seeks a possession order in respect of the premises, which are currently occupied by a person who is not a tenant under any tenancy agreement.
The Tribunal’s jurisdiction under section 65 extends to situations involving squatters or trespassers. As the respondent is in unlawful occupation and there is no lawful right to remain in the premises, I am satisfied that a possession order should be made.
The respondent is therefore ordered to vacate the premises no later than 5pm Tuesday 2 December 2025.
The applicant does not seek reimbursement of the filing fee.
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 – section 95A Residential Tenancies Act.
The applicant applied for a name suppression order. The applicant is entitled to name suppression as the application is successful – see section 95A RTA.
Section 95A (4) of the Act also allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.
Accordingly, I also order suppression of the respondent’s details, as publication of her name could potentially identify the applicant.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord and tenant name and identifying details.

[The landlord/s] is granted possession of the premises at [Tenancy address suppressed] at 5pm Tuesday 2 December 2025.

For the avoidance of doubt, any person(s) occupying those premises is/are squatter(s) and may be evicted pursuant to this order on application for enforcement.

Reasons

Counsel for the applicant attended the hearing via remote teleconference. There was no attendance by the respondent.

The landlord has applied for possession of the premises under the squatter provisions of section 65 Residential Tenancies Act 1986.

For the sake of simplicity, I will refer the occupied address as the tenancy address. I accept that there was no tenancy arrangement between the parties. Background

Counsel for the applicant submits as follows.

The applicant is a duly incorporated company. The company is one of the entities owned and operated by the applicant’s family and is the registered owner of a large mixed-use property at the ‘tenancy’ address. On the property is a dwellinghouse and curtilage.

The respondent is the adult daughter of two company shareholders.

Counsel submits that the respondent currently occupies the dwellinghouse on the property as a squatter and a trespasser.

On or about June 2024 the respondent was charged with offending. She was initially bailed to reside with her parents. For reasons which I do not intend to detail the arrangement did not work out. The respondent was bailed to the current tenancy address on a temporary basis only.

Counsel submits that at no time has there been a tenancy agreement. Rent has never been paid by the respondent.

The applicant says that there have been behavioural issues with the respondent at the tenancy address.

Counsel submits that consent for the respondent to be bailed to the tenancy address has now been revoked. They further submit that alternative arrangements for bail have been largely unsuccessful.

On 22 August 2025 the respondent was served with a formal trespass notice by R and M Security and Investigations Limited. An affidavit of service dated 12 September 2025 has been provided by counsel in support of this claim.

Counsel submits that the only basis in which the respondent held the right to occupy the property was on a bare licence, a licence which has now been revoked. At the date of the application the respondent continues to occupy the dwellinghouse at the tenancy address.

The applicant has also provided an affidavit, sworn on 23 September 2025 in support of the application. I have also sighted a company extract confirming the named directors of the applicant company. Relevant law Section 65 Eviction of squatters (1) 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. (2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises. (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.

Section 65 RTA allows the Tribunal to make a possession order for any person in unlawful occupation of residential premises, even if there is no landlord- tenant relationship.

The person in occupation does not need to be a tenant, and the applicant does not need to be a landlord for section 65 to apply.

This section is specifically designed to address situations involving squatters or trespassers.

The applicant seeks a possession order in respect of the premises, which are currently occupied by a person who is not a tenant under any tenancy agreement.

The Tribunal’s jurisdiction under section 65 extends to situations involving squatters or trespassers. As the respondent is in unlawful occupation and there is no lawful right to remain in the premises, I am satisfied that a possession order should be made.

The respondent is therefore ordered to vacate the premises no later than 5pm Tuesday 2 December 2025.

The applicant does not seek reimbursement of the filing fee.

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 – section 95A Residential Tenancies Act.

The applicant applied for a name suppression order. The applicant is entitled to name suppression as the application is successful – see section 95A RTA.

Section 95A (4) of the Act also allows the Tribunal, on the application of any party to the proceedings, or on its own initiative, having regard to the interest of the parties and the public interest, to order that all or part of the evidence, or the name or any identifying particulars of any witnesses or party, not be published.

Accordingly, I also order suppression of the respondent’s details, as publication of her name could potentially identify the applicant.

Tenancy Tribunal case 5343066 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5343066 — 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