What was Tenancy Tribunal case 5516391 about?

The tribunal order states: The application is dismissed as the Tribunal does not have jurisdiction.

How much money was awarded in case 5516391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5516391?

The dispute type was not classified.

Where can I read the official tribunal order for case 5516391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13807147-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5516391 about?

The tribunal order states: The application is dismissed as the Tribunal does not have jurisdiction.

How much money was awarded in case 5516391?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5516391?

The dispute type was not classified.

Where can I read the official tribunal order for case 5516391?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13807147-Tenancy_Tribunal_Order.pdf.

480 Old Highway, Whakamarama, RD 8, Whakamarama Tenancy Tribunal Case 5516391 — Tenancy dispute

Tenantcheck Insights

Reasons

Both parties attended the remote hearing.

The land on which the tenanted premises are sited is administered by the Tawhitinui Marae Trust (“the Marae Trust”). The Marae Trust was represented at the hearing by Brian Nicholas.

The tenanted premises are owned by the Luke Tiatia Whanau Trust. (“the Whanau Trust”). Andre Nicholas attended the hearing on behalf of the Whanau Trust.

The tenant had a support person present.

Section 4 Residential Tenancies Act 1986 provides;

Act generally to apply to all residential tenancies This act applies to every tenancy for residential purposes except as specifically provided. 5516391 2

The specific exclusions are set out at s.5 RTA.

Section 5(1)(v) RTA provides that the RTA will be excluded if the Māori Trustee has leased a Māori reserve or township land under s.26 of the Māori Reserved Land Act 1955.

The landlord provided a copy of the relevant record of title for the land. The land is shown in Identifier 1230840 South Auckland Registry (“the record of title”).

The record of title shows the Marae Trust trustees as registered owners. Two gazette notices are shown on the record of title. Those notices provide; H800922.2 Gazette Notice setting aprt the within land as a Maori reservation for the use benefit and upkeep of the Tawhitinui Marae - 9.6.1988 at 11.32 am 5515802.1 Gazette Notice 2002 page 1218 pursuant to Section 338 (5) (c) Te Ture Whenua Maori Act 1993 redefining the purposes of the within Maori Reservation from a Maori Reservation for the use, benefit and upkeep of the Tawhitinui Marae to a papakainga for the benefit of the beneficial owners and their descendants - 12.3.2003 at 9:00 am

The gazette notices have the effect of recording the land as Māori reservation. A “Māori Reservation” is a protective status placed on land to safeguard it for community, cultural, and historical purposes (such as marae, urupā, or papakāinga). It permanently prevents the land from being sold or easily subdivided. Changing the purpose of the reservation (as was done in 2003 to include papakāinga housing) does not change the fact that the land remains a Māori Reservation.

The final page of the record of title states ”Identified as potentially Māori Freehold Land”. This note refers to the underlying classification of the land. The special status of Māori Freehold Land means that even though it is a Māori Reservation, it is still legally recognized as being retained in beneficial Māori ownership.

The application is dismissed as the Tribunal’s jurisdiction is specifically excluded by s.5(1)(v) RTA.

Reasons

Both parties attended the remote hearing.

The land on which the tenanted premises are sited is administered by the Tawhitinui Marae Trust (“the Marae Trust”). The Marae Trust was represented at the hearing by Brian Nicholas.

The tenanted premises are owned by the Luke Tiatia Whanau Trust. (“the Whanau Trust”). Andre Nicholas attended the hearing on behalf of the Whanau Trust.

The tenant had a support person present.

Section 4 Residential Tenancies Act 1986 provides;

Act generally to apply to all residential tenancies This act applies to every tenancy for residential purposes except as specifically provided. 5516391 2

The specific exclusions are set out at s.5 RTA.

Section 5(1)(v) RTA provides that the RTA will be excluded if the Māori Trustee has leased a Māori reserve or township land under s.26 of the Māori Reserved Land Act 1955.

The landlord provided a copy of the relevant record of title for the land. The land is shown in Identifier 1230840 South Auckland Registry (“the record of title”).

The application is dismissed as the Tribunal’s jurisdiction is specifically excluded by s.5(1)(v) RTA.

Tenancy Tribunal case 5516391 — Tenancy dispute at 480 Old Highway, Whakamarama, RD 8, Whakamarama

At a glance

Claims & awards

Tenancy Tribunal case 5516391 — Tenancy dispute at 480 Old Highway, Whakamarama, RD 8, Whakamarama

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions