15 Aug 2018
PARBHU v WANT [2018] NZHC 2079
- Citation
- [2018] NZHC 2079
- Court
- High Court
The High Court held the Residential Tenancies Act applies to tenancies used or intended for residential purposes even if inconsistent with other regulatory requirements; the Tribunal has jurisdiction to hear and provide appropriate remedies for such tenancies under the Act; s137 is an anti-avoidance provision and does not automatically apply to all unlawful-tenancy situations absent an agreement purporting to evade the Act; therefore the Tribunal's s137-based restitution order was set aside and the matter remitted for reconsideration of remedies.