20 Dec 2022
MACLAREN v TENANCY TRIBUNAL [2022] NZHC 3562
- Citation
- [2022] NZHC 3562
- Court
- High Court
The application for judicial review is dismissed; the High Court held the Tenancy Tribunal did not err in its application of ss 40/109 RTA or in adjudicating the factual claims about the shed and vehicle, and its short-term order preventing the landlord's entry was a lawful, pragmatic exercise of its discretion given the breakdown in relationships and absence of urgent need; the District Court decision was set aside for applying the wrong appeal regime (Disputes Tribunal Act s 50) and was quashed under s 16(2) JRPA.