New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Unlawful residential premises
  • 19 Dec 2019

    WANT v PARBHU AND PATEL AS TRUSTEES OF THE IMPALA TRUST [2019] NZCA 674

    Citation
    [2019] NZCA 674
    Court
    Court of Appeal

    The Court held the High Court was correct: the Residential Tenancies Act 1986 applies to tenancies even if occupation or intended occupation is or would be unlawful; s137(1)(a) does not automatically void such tenancies or exclude them from Tribunal jurisdiction; the Act's text, purpose and scheme, and the limited remit of s137, require the Tribunal to have jurisdiction to address unlawful residential tenancies.

    • Jurisdiction of tenancy tribunal
    • Unlawful residential premises
    • S137 prohibited transactions
    • Restitution and remedies
    • 2019 legislative amendments