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Tribunal forced to rehear caseFriday 12 September 2008 The Auckland District Court has ordered the Tenancy Tribunal to rehear Housing New Zealand's case against the tenancy at 39 Rangeview Road, Mt Albert, Auckland. "This judgement is significant for all residential landlords," Housing New Zealand's operations director Celia Patrick said."It quashes a ruling by the Tenancy Tribunal that, if left in place, could have altered the legal balance between a tenant's rights and a neighbour's rights." Housing New Zealand attempted to terminate the tenancy at 39 Rangeview Road last year because people associated with the tenancy were causing significant disruption to the neighbourhood. The tribunal refused to grant the tenancy termination order after a lengthy hearing. Patrick said Housing New Zealand appealed the Tribunal's ruling to the District Court arguing that the Tribunal had significantly erred in the way it had run the hearing, and in the way it had applied the law. "The decision to take that appeal has been vindicated," she said. "The court has found the Tribunal was wrong in the way it applied the law, and the way it ran the hearing. The judgement has provided valuable guidance on what the Tribunal needs to consider in any future cases when deciding if a tenant's behaviour is causing significant disturbance to the neighbourhood. Comments from our readersNo comments yet Add your comment:Key kicks for touch on property tax The government has ruled out almost all the property tax changes proposed by the Tax Working Group. Mortgagee sales to stay high for another 12-months Mortgagee sales are at historically high levels and numbers are expected to remain high in the New Year. Commercial property investors will foot the bill of proposed land tax Commercial property owners and investors will be left to “foot the bill” of a proposed land tax, according to the Property Council of New Zealand. Interest rates forecast to stay low Reserve Bank Governor Alan Bollard held the official cash rate at 2.50% today, as expected, and reiterated his view that the rates will stay low until the end of next year. |
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