20 Aug 2014
HOLLER AND ROUSE v OSAKI [2014] NZHC 1977
- Citation
- [2014] 3 NZLR 791
- Court
- High Court
RTA s142(1) does not operate to deny residential tenants the immunity conferred by PLA ss268-269; read with s142(2) and s85 the Tribunal (and by extension the courts when exercising their ordinary jurisdiction) may take Part 4 of the PLA as a source of general principles and tenants under the RTA are entitled to claim the ss268-269 immunity, which extends to licencees such as the tenant's wife; accordingly the appellants' claim was barred and the appeal is dismissed.