What was Tenancy Tribunal case 5525832 about?

The tribunal order states: Public Trust As Administrator Of The Estate Of Mokai Kate Albert is granted

How much money was awarded in case 5525832?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5525832?

The dispute type was not classified.

Where can I read the official tribunal order for case 5525832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13879134-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5525832 about?

The tribunal order states: Public Trust As Administrator Of The Estate Of Mokai Kate Albert is granted

How much money was awarded in case 5525832?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5525832?

The dispute type was not classified.

Where can I read the official tribunal order for case 5525832?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13879134-Tenancy_Tribunal_Order.pdf.

97 McLean Street, Wairoa, Wairoa 4108 Tenancy Tribunal Case 5525832 — Tenancy dispute

Order

Public Trust As Administrator Of The Estate Of Mokai Kate Albert is granted possession of the premises at 97 McLean Street, Wairoa, Wairoa 4108 immediately.

Reasons

The owner attended the remote hearing.
The occupant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.
For the purposes of this order, I propose referring to the Public Trust as the owner and Mr Albert as the occupant.
The owner has applied for possession of the premises following the termination of the tenancy.
Section 65 Residential Tenancies Act 1986 ( “RTA”) provides; 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. ... (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to tenancy agreement.
The Tribunal must consider two issues: Firstly, has the application been filed by any person entitled to possession of any residential premises? and Secondly, is the occupant in possession of the premises otherwise than pursuant to any right of occupation granted by any person having lawful authority to grant that right?
The premises were owned by the late Mokai Kate Albert who died on or about 6 November 2021 leaving a will.
Probate of the will of Mokai Kate Albert was granted by the High Court on 21 March 2022.
The will appointed [The party] as the sole executor of the estate.
The will divided the residuary estate equally between [The party], Rangi Margaret Noreen Te Kere and Jimmy James Albert Wilson.
On 21 November 2025, the High Court ordered that [The party] be discharged as administrator of the estate and that Public Trustee be appointed as administrator of the estate.
The record of title for the premises records the registered owner of the premises as Public Trustee.
The occupant has been occupying the premises.
No tenancy agreement is currently in place, nor is there any formal arrangement with the owner for the occupant to reside at the premises.
On 18 February 2026, the owner served a notice to vacate the premises on the occupant. That notice was reissued to the occupant on 24 February 2026. The notice required the occupant to vacate the premises by 19 May 2026. Any right of occupation that may have existed, ended on 19 May 2026.
The owner says that the occupant remains at the premises and provided an email from the occupant dated 29 May 2026. That email states that the occupant has no intention of leaving the premises.
The evidence is such that I am satisfied that it is more likely than not that Public Trustee is entitled to possession of the premises.
The evidence is such that I am satisfied that it is more likely than not that the occupant is present at the premises other than pursuant to any right of occupation granted to the occupant by any person having lawful authority to grant that right.
The Tribunal grants immediate possession of the premises to the owner.
The tenancy ended on 19 May 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Reasons

The owner attended the remote hearing.

The occupant did not attend the hearing by Teams video link or by telephone. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given.

For the purposes of this order, I propose referring to the Public Trust as the owner and Mr Albert as the occupant.

The owner has applied for possession of the premises following the termination of the tenancy.

Section 65 Residential Tenancies Act 1986 ( “RTA”) provides; 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. ... (3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to tenancy agreement.

The Tribunal must consider two issues: Firstly, has the application been filed by any person entitled to possession of any residential premises? and Secondly, is the occupant in possession of the premises otherwise than pursuant to any right of occupation granted by any person having lawful authority to grant that right?

The premises were owned by the late Mokai Kate Albert who died on or about 6 November 2021 leaving a will.

Probate of the will of Mokai Kate Albert was granted by the High Court on 21 March 2022.

The will appointed [The party] as the sole executor of the estate.

The will divided the residuary estate equally between [The party], Rangi Margaret Noreen Te Kere and Jimmy James Albert Wilson.

On 21 November 2025, the High Court ordered that [The party] be discharged as administrator of the estate and that Public Trustee be appointed as administrator of the estate.

The record of title for the premises records the registered owner of the premises as Public Trustee.

The occupant has been occupying the premises.

No tenancy agreement is currently in place, nor is there any formal arrangement with the owner for the occupant to reside at the premises.

On 18 February 2026, the owner served a notice to vacate the premises on the occupant. That notice was reissued to the occupant on 24 February 2026. The notice required the occupant to vacate the premises by 19 May 2026. Any right of occupation that may have existed, ended on 19 May 2026.

The owner says that the occupant remains at the premises and provided an email from the occupant dated 29 May 2026. That email states that the occupant has no intention of leaving the premises.

The evidence is such that I am satisfied that it is more likely than not that Public Trustee is entitled to possession of the premises.

The evidence is such that I am satisfied that it is more likely than not that the occupant is present at the premises other than pursuant to any right of occupation granted to the occupant by any person having lawful authority to grant that right.

The Tribunal grants immediate possession of the premises to the owner.

The tenancy ended on 19 May 2026, which is less than 90 days ago. The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.

Tenancy Tribunal case 5525832 — Tenancy dispute at 97 McLean Street, Wairoa, Wairoa 4108

At a glance

Claims & awards

Tenancy Tribunal case 5525832 — Tenancy dispute at 97 McLean Street, Wairoa, Wairoa 4108

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