19 Jul 2023
EXCLUSIVE ESTATES LTD v HOFFMAN [2023] NZHC 1878
- Citation
- [2023] NZHC 1878
- Court
- High Court
Lang J concluded the Judge erred as the lower unit was consented and code compliant as a Minor Household Unit; there was no change of use after construction because the intended use was disclosed to Council in consents; nothing in the Building Act, regulations or planning instruments required occupants of an MHU to be connected to the principal household; therefore EEL did not breach s78A and no refund was due.
- Section 78a residential tenancies act 1986
- Change of use (building act 2004 ss 114-115)
- Minor household unit (mhu)
- Code compliance certificate
- Auckland unitary plan single house zone
- Rent refund remedies