What was Tenancy Tribunal case 5343166 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 5343166?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343166?

The dispute type was not classified.

Where can I read the official tribunal order for case 5343166?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12520267-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5343166 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 5343166?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343166?

The dispute type was not classified.

Where can I read the official tribunal order for case 5343166?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12520267-Tribunal_Order_Redacted.pdf.

6 Taumaihi Street, Bulls, Bulls 4818 Tenancy Tribunal Case 5343166 — Tenancy dispute

Tenantcheck Insights

Reasons

The applicant attended the hearing.

The applicant has applied for a possession order under section 65 Residential Tenancies Act 1986 (RTA).

Under section 65 RTA, the Tribunal must make an order granting possession of the premises to the person entitled to possession of any residential premises, where the Tribunal: “is satisfied that any other person is in possession of the premises is a squatter, 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.”

Section 65 RTA was considered by the High Court in Sergeant v Nigro and Tapsell [2019] NZHC 328. The Court held that there are three conditions which must be met before an order can be made: a. The premises must be residential premises. b. The applicant is entitled to possession. 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.

If these three elements are established then the Tribunal must make a possession order.

The applicant confirmed that the premises are residential.

The applicant provided documentary evidence that it purchased the property at auction on 7 August 2025 and settlement took place on 4 September 2025.

The applicant provided a copy of the Record of Title confirming it is the registered proprietor.

The applicant confirmed that it had not granted any right of occupation to any person.

As the applicant has proven the three required elements, the Tribunal must make the possession order sought.

The landlord seeks to enforce the termination with immediate effect.

Section 138 of the District Court Act 2016 holds that normally an order cannot be enforced until 48 hours have expired, unless a “Judge grants leave”. However, section 106(2) of the RTA which relates to enforcement of possession orders, confirms that reference to a ‘Judge’ in section 138(1) applies as if it were reference to a Tenancy Adjudicator.

This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order.

Reasons

The applicant attended the hearing.

The applicant has applied for a possession order under section 65 Residential Tenancies Act 1986 (RTA).

If these three elements are established then the Tribunal must make a possession order.

The applicant confirmed that the premises are residential.

The applicant provided documentary evidence that it purchased the property at auction on 7 August 2025 and settlement took place on 4 September 2025.

The applicant provided a copy of the Record of Title confirming it is the registered proprietor.

The applicant confirmed that it had not granted any right of occupation to any person.

As the applicant has proven the three required elements, the Tribunal must make the possession order sought.

The landlord seeks to enforce the termination with immediate effect.

This is a case where it is appropriate that leave be granted for an immediate enforcement of the possession order.

Tenancy Tribunal case 5343166 — Tenancy dispute at 6 Taumaihi Street, Bulls, Bulls 4818

At a glance

Claims & awards

Tenancy Tribunal case 5343166 — Tenancy dispute at 6 Taumaihi Street, Bulls, Bulls 4818

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