What was Tenancy Tribunal case 5432934 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 5432934?

Ying Details. 2. Is Granted Possessi…: $28.00 awarded to landlord

What type of tenancy dispute was case 5432934?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5432934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13635955-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5432934 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 5432934?

Ying Details. 2. Is Granted Possessi…: $28.00 awarded to landlord

What type of tenancy dispute was case 5432934?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5432934?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13635955-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5432934 — Rent arrears

Claims and awards in Tenancy Tribunal application 5432934. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ying details. 2. is granted possession of the premises at immediately. 3. Harley John Goodhew is to pay [the landlord/s	$28.00		ying details. 2. is granted possession of the premises at immediately. 3. Harley John Goodhew is to pay [the landlord/s

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
is granted possession of the premises at immediately.
Harley John Goodhew is to pay [the landlord/s] $28.00 immediately, being the filing fee for this application.

Reasons

Background

[The landlord/s] owns the property at [tenancy address suppressed].
Mr Goodhew a relative of [the landlord/s].
Mr Goodhew and his then partner moved into [tenancy address suppressed]. By oral agreement, Mr Goodhew paid rent of $500 per week from February 2023.
[The landlord/s] and Mr Goodhew entered into a written agreement in December 2023. The key terms of the agreement were that: a. Mr Goodhew was given the option to purchase the property for $400,000. b. The option to purchase was conditional upon Mr Goodhew paying a deposit of $34,000 by 24 December 2024. c. The rent increased to $700 per week with effect from 30 December 2023
Mr Goodhew did not pay a deposit of $34,000 by 24 December 2024.
Mr Goodhew fell into rent arrears, then stopped paying rent entirely in November 2025.
The application seeks termination, possession, and rent arrears.
The hearing took place in [event location suppressed] on 21 May 2026. [The landlord/s] attended the hearing and was supported by her brother. There was no appearance by Mr Goodhew. I am satisfied that the application and notice of the hearing were served on Mr Goodhew in accordance with the requirements of the Residential Tenancies Act 1986 (“RTA”). The hearing proceeded in Mr Goodhew’s absence. 1

Does the RTA apply to this tenancy?

A residential tenancy is the grant of a right to occupy residential premises in exchange for rent. 2
The RTA applies to all residential tenancies except for the types of arrangements listed in section 5 RTA. 3
Section 5(1)(n) states that the RTA does not apply where: The premises continue to be used, during the tenancy, principally as a place of residence by the landlord or owner of the premises or by any member of the landlord or owner’s family
The parties to a tenancy that is excluded by section 5 can agree in writing that the RTA will apply “either without modification or with such modifications as they agree”. 4
In this instance: a. The entirety of the premises was occupied by a member of the landlord’s family during the tenancy. Therefore, the exclusion in s 5(1)(n) applies. b. The agreement does not explicitly state that the parties agree that the RTA applies to the tenancy. The agreement includes some oblique references to “the Act” which is defined (in clause 12) as “the applicable legislation of New Zealand”. 1 Section 92 RTA 2 Section 2 RTA. 3 Section 4 RTA 4 Section 8 RTA My finding is that this is not sufficiently clear to constitute an agreement that the RTA will apply.
Therefore, the RTA does not apply to this tenancy. Is [the landlord/s] entitled to an order for possession under the “Eviction of squatters” provision in the RTA?
Section 65 RTA gives the Tenancy Tribunal the power to make an order for possession if the Tribunal is satisfied that: a. The person bringing the application is legally entitled to possession; and b. Anyone else currently in possession of the premises is occupying as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to them.
The Tribunal has jurisdiction to make this order, even when there is no RTA tenancy. 5
My finding is that the requirements of section 65 are met in this instance and it is appropriate to make an order for immediate possession in favour of [the landlord/s].
I am satisfied that [the landlord/s] is the legal owner of the property and as such she has the right to possession.
I am satisfied that Mr Goodhew does not have any right to continuing possession of the premises. Mr Goodhew breached the tenancy contract by failing to pay the rent. By his actions he has indicated that he does not intend to perform his obligations under the contract. He therefore repudiated the contract, and [the landlord/s] was legally entitled to cancel the contract. 6
[The landlord/s] communicated her cancellation several times, both verbally and in writing. 7 The third written notice informed Mr Goodhew that his tenancy would end on 28 February 2026.
The contract that granted Mr Goodhew the right to occupy the premises was cancelled on or before 28 February 2026. Mr Goodhew is occupying the premises as a trespasser / squatter. Filing fee, name suppression
[The landlord/s] was successful in this application. I must award her the filing fee of $28.00. 8 5 Section 65(3) RTA 6 Section 36, Contract & Commercial Law Act 2017 (“CCLA”) 7 Section 38 CCLA
Name suppression is granted to the landlord on the grounds that she was substantially successful in the proceedings. 9

Claims and awards in Tenancy Tribunal application 5432934. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
ying details. 2. is granted possession of the premises at immediately. 3. Harley John Goodhew is to pay [the landlord/s	$28.00		ying details. 2. is granted possession of the premises at immediately. 3. Harley John Goodhew is to pay [the landlord/s

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord name and identifying details.
is granted possession of the premises at immediately.
Harley John Goodhew is to pay [the landlord/s] $28.00 immediately, being the filing fee for this application.

Reasons

Background

[The landlord/s] owns the property at [tenancy address suppressed].
Mr Goodhew a relative of [the landlord/s].
Mr Goodhew and his then partner moved into [tenancy address suppressed]. By oral agreement, Mr Goodhew paid rent of $500 per week from February 2023.
[The landlord/s] and Mr Goodhew entered into a written agreement in December 2023. The key terms of the agreement were that: a. Mr Goodhew was given the option to purchase the property for $400,000. b. The option to purchase was conditional upon Mr Goodhew paying a deposit of $34,000 by 24 December 2024. c. The rent increased to $700 per week with effect from 30 December 2023
Mr Goodhew did not pay a deposit of $34,000 by 24 December 2024.
Mr Goodhew fell into rent arrears, then stopped paying rent entirely in November 2025.
The application seeks termination, possession, and rent arrears.
The hearing took place in [event location suppressed] on 21 May 2026. [The landlord/s] attended the hearing and was supported by her brother. There was no appearance by Mr Goodhew. I am satisfied that the application and notice of the hearing were served on Mr Goodhew in accordance with the requirements of the Residential Tenancies Act 1986 (“RTA”). The hearing proceeded in Mr Goodhew’s absence. 1

Does the RTA apply to this tenancy?

A residential tenancy is the grant of a right to occupy residential premises in exchange for rent. 2
The RTA applies to all residential tenancies except for the types of arrangements listed in section 5 RTA. 3
Section 5(1)(n) states that the RTA does not apply where: The premises continue to be used, during the tenancy, principally as a place of residence by the landlord or owner of the premises or by any member of the landlord or owner’s family
The parties to a tenancy that is excluded by section 5 can agree in writing that the RTA will apply “either without modification or with such modifications as they agree”. 4
In this instance: a. The entirety of the premises was occupied by a member of the landlord’s family during the tenancy. Therefore, the exclusion in s 5(1)(n) applies. b. The agreement does not explicitly state that the parties agree that the RTA applies to the tenancy. The agreement includes some oblique references to “the Act” which is defined (in clause 12) as “the applicable legislation of New Zealand”. 1 Section 92 RTA 2 Section 2 RTA. 3 Section 4 RTA 4 Section 8 RTA My finding is that this is not sufficiently clear to constitute an agreement that the RTA will apply.
Therefore, the RTA does not apply to this tenancy. Is [the landlord/s] entitled to an order for possession under the “Eviction of squatters” provision in the RTA?
Section 65 RTA gives the Tenancy Tribunal the power to make an order for possession if the Tribunal is satisfied that: a. The person bringing the application is legally entitled to possession; and b. Anyone else currently in possession of the premises is occupying as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to them.
The Tribunal has jurisdiction to make this order, even when there is no RTA tenancy. 5
My finding is that the requirements of section 65 are met in this instance and it is appropriate to make an order for immediate possession in favour of [the landlord/s].
I am satisfied that [the landlord/s] is the legal owner of the property and as such she has the right to possession.
I am satisfied that Mr Goodhew does not have any right to continuing possession of the premises. Mr Goodhew breached the tenancy contract by failing to pay the rent. By his actions he has indicated that he does not intend to perform his obligations under the contract. He therefore repudiated the contract, and [the landlord/s] was legally entitled to cancel the contract. 6
[The landlord/s] communicated her cancellation several times, both verbally and in writing. 7 The third written notice informed Mr Goodhew that his tenancy would end on 28 February 2026.
The contract that granted Mr Goodhew the right to occupy the premises was cancelled on or before 28 February 2026. Mr Goodhew is occupying the premises as a trespasser / squatter. Filing fee, name suppression
[The landlord/s] was successful in this application. I must award her the filing fee of $28.00. 8 5 Section 65(3) RTA 6 Section 36, Contract & Commercial Law Act 2017 (“CCLA”) 7 Section 38 CCLA
Name suppression is granted to the landlord on the grounds that she was substantially successful in the proceedings. 9

Tenancy Tribunal case 5432934 — Rent arrears

At a glance

Claims & awards

Tenancy Tribunal case 5432934 — Rent arrears

At a glance

Claims & awards

Order

Reasons

Does the RTA apply to this tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Order

Reasons

Does the RTA apply to this tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions