Tenantcheck Insights · Case study
Tenancy Tribunal case 5499481 — Tenancy dispute at 32 Ngarua Road, Waitoa, Waitoa 3310
Decided 30 May 2026 · Published 30 May 2026 · Application 5499481
Mixed / unclear
At a glance
Key facts from the published tribunal order.
Outcome
Mixed / unclear
From published order
Location
Waitoa
Tribunal region
Adjudicator
M Feist
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- Richard James Davie is granted possession of the premises at 32 Ngarua Road, Waitoa, 3310 immediately.
- To avoid doubt, the order in paragraph [1] above, means that any person/s occupying 32 Ngarua Road, Waitoa, 3310 who is/are there without the applicants permission, is/are a squatter/s and may be evicted by an officer of the Ministry of Justice following an application for enforcement of this order.
Reasons
- The Applicant has applied for possession of the premises under section 65 of the Residential Tenancies Act 1986 (the “Act”). Section 65 of the Act states: 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.
- The Applicant has applied for possession of the property at 32 Ngarua Road, Waitoa, 3310. The property is currently occupied by the Respondents, who are the previous owners.
- The property was offered for sale by auction by ANZ Bank New Zealand Limited. The auction proceeded on 19 March 2026, with the Applicant being the highest bidder and purchaser of the property. Settlement took place on 29 April 2026. The Applicant has provided the Tribunal with the following documents: a. A signed copy of the Particulars and Terms of Sale dated 19 March 2026, which included: i. Particulars of the property; and ii. A memorandum of agreement. b. Confirmation of settlement. c. Confirmation of funds transfer paid to the Vendor’s solicitor on settlement. d. Settlement statement dated 29 April 2026; and e. The RECORD OF TITLE UNDER LAND TRANSFER ACT 2017 recording the Applicants as the ‘Registered Owners’.
- On 3 May 2026, the Applicant served a trespass notice and Solicitor’s letter on the Respondents. The letter required the Respondents to vacate the property immediately.
- Section 65 of the Act was considered by the High Court in Sergeant v Nigro and Tapsell [2019] NZHC 328. The Court held at [74] that there are three conditions which have to be met before a possession 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.
- There is no dispute the premises are residential premises.
- The evidence provided by the Applicant is sufficient to prove entitlement to possession of the premises.
- The Respondents are occupying the premises. They state: a. The Tribunal does not have jurisdiction to hear the Applicants claim. They are not tenants and have never been tenants of the Applicant. b. The Applicant breached the terms and conditions of the Sale and Purchase agreement by failing to settle on time. c. They have filed an application with the District Court: i. Challenging the lawfulness of the sale of the property and the method of sale; and ii. Seek an order invalidating the sale of the property; and iii. Seek an order enabling the redemption of their mortgage.
- The Tribunal does not have jurisdiction to hear claims challenging the ownership of property. The jurisdiction for that dispute comes under the provisions of the Property Law Act 2007. A claim must be made in the High Court regarding a dispute about property ownership.
- At the date of hearing no proceedings have been commenced in the High Court. Conclusion
- Section 65 of the Act gives the Tribunal jurisdiction to hear an application for possession where an occupant or occupants are in possession of a property as squatters, trespassers, or otherwise pursuant to any right of occupants granted by a person having lawful authority to do so. The Applicant has proved that they are the legal owner and right of possession of the property. The Respondents have not proved a right to occupy following the sale of the property to the applicants. The Respondents have not provided evidence of a legal challenge in the High Court regarding the ownership of the property.
- Therefore the Tribunal must order immediate possession of 32 Ngarua Road, Waitoa, 3310 to the Applicant.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s65
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5499481?
The tribunal order states: Richard James Davie is granted possession of the premises at 32 Ngarua Road,
How much money was awarded in case 5499481?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5499481?
The dispute type was not classified.
Where can I read the official tribunal order for case 5499481?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13680453-Tenancy_Tribunal_Order.pdf.