district court logo

Barton v Osborne [2018] NZDC 21559

Published 12 June 2019

Appeal from Tenancy Tribunal — 90 day termination — bias — retaliatory termination of tenancy — lease — Residential Tenancies Act 1986, ss 51, 54, 85, 118 — Shotover Gorge Jetboats v Jamieson [1987] 1 NZLR 437 — Housing Corporation v Salt [2008] DCR 697. The appellant appealed a decision of the Tenancy Tribunal that confirmed that the 90 day notice issued to the appellant was valid and not retaliatory, under s 54 of the Residential Tenancies Act 1986. The respondent wanted to sell the property after her husband died, and a 90-day termination notice was issued and put in the letterbox of the appellant. The appeal was based on two grounds: that the adjudicator should have recused himself and was biased against the appellant, and that the 90-day notice was retaliatory and invalid. The Judge held that there was no evidence to support the claim of bias against the adjudicator and that the notice was validly served. The appeal was dismissed. Judgment Date: 19 October 2018.

Tags