WINTHER, & ORS V HOUSING NEW ZEALAND CORPORATION CA CA734/2009
The Court granted special leave to appeal and framed three dispositive questions for determination on appeal: whether a s 51(1)(d) 90 day notice is effective if based on unlawful discrimination, whether tribunals and courts can examine the reasons for issuing such a notice, and whether they may refuse possession...
Source-derived case information.
- Citation
- openlaw-13117f10_7576_4121_98f9_65cac75877cc.pdf
- Parties
- Appellant: Robyn Winther; Appellant: Huia Tamaka; Appellant: Billy Taylor; Respondent: Housing New Zealand Corporation
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 18 February 2010
- Procedural Posture
- Appeal / Special Leave Granted; Hearing Before Court of Appeal; Judgment Delivered 18 February 2010; High Court Stay Remains in Force
- Outcome
- Special leave to appeal granted; High Court stay remains in force
- Legal Topics
- 90 Day Notice, S 51(1)(d) Residential Tenancies Act 1986, Jurisdiction of Tenancy Tribunal, Possession Orders, Unlawful Discrimination
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robyn Winther
Appellant
Huia Tamaka
Appellant
Billy Taylor
Appellant
Housing New Zealand Corporation
Respondent
Procedural Posture
Appeal / Special Leave Granted; Hearing Before Court of Appeal; Judgment Delivered 18 February 2010; High Court Stay Remains in Force
Legal Issues
- 1 Whether a 90 day notice under s 51(1)(d) RTA is legally effective if based on unlawful discrimination
- 2 Whether the Tenancy Tribunal, District Court or High Court on appeal has jurisdiction to examine the reasons for issuing a 90 day notice where unlawful discrimination is alleged
- 3 Whether the Tribunal or courts can refuse to make a possession order if the reason for the 90 day notice includes unlawful discrimination
Ratio Decidendi
The Court granted special leave to appeal and framed three dispositive questions for determination on appeal: whether a s 51(1)(d) 90 day notice is effective if based on unlawful discrimination, whether tribunals and courts can examine the reasons for issuing such a notice, and whether they may refuse possession orders where discrimination formed part of the reason for issue.
Court Disposition
Special leave to appeal granted; High Court stay remains in force
Orders
- Special leave to appeal granted
- The approved questions for the appeal are set out (see record)
Full Case Text
Judgment text and source record
1 paragraphs
WINTHER, & ORS V HOUSING NEW ZEALAND CORPORATION CA CA734/2009 18 February 2010IN THE COURT OF APPEAL OF NEW ZEALAND CA734/2009 [2010] NZCA 12BETWEEN ROBYN WINTHER, HUIA TAMAKA, BILLY TAYLOR Appellants AND HOUSING NEW ZEALAND CORPORATION Respondent Hearing: 16 February 2010 Court: O'Regan, Arnold and Baragwanath JJ Counsel: E A Hall for Appellants S N Haszard and C P Paterson for Respondent Judgment: 18 February 2010 at 3pmJUDGMENT OF THE COURTA Special leave is granted to appeal against the judgment of the High Court of 9 October 2009. B The approved questions are: (a) If the decision of Housing New Zealand Corporation to issue a 90 day notice under s 51(1)(d) of the Residential Tenancy Act 1986 to terminate a tenancy agreement is based on unlawful discrimination against the tenant, is the notice legally effective? (b) Does the Tenancy Tribunal or the District Court or High Court on appeal have jurisdiction to examine the reasons for the issue of a 90 daynotice by Housing New Zealand Corporation where it is alleged that the reason for issue of the notice was unlawful discrimination? (c) If the reason for issue of the 90 day notice by the Housing Corporation includes unlawful discrimination, does the Tribunal or the District Court or the High Court on appeal have power to refuse to make a possession order based on the notice? C The stay order made in the High Court remains in force.Solicitors: Meredith Connell for Respondent