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City Space Realty Ltd v McCallum [2019] NZDC 7890

Published 20 June 2019

Appeal Tenancy Tribunal — re-hearing — methamphetamine contamination — Residential Tenancies Act 1986, ss 105 & 117. The appellant appealed a decision of the Tenancy Tribunal refusing an application for re-hearing. The appellant had previously been ordered to pay the respondent $3054.66, the majority of which was for loss of income, as the respondent was unable to move into the appellant's rental property due to methamphetamine contamination and had to taken time of work in order to secure new accommodation. The appellant complained that the tribunal's decision was not received until 16 days later, at which point the appellant applied for re-hearing. The Judge noted that although the appeal was against the refusal to grant a re-hearing, the appellant's main concern was the tribunal's finding of loss of income. The appellant could have sought an appeal of the initial decision within 10 days of receipt of it, however, sought a re-hearing instead. The appellant failed to establish any error on the adjudicator's part in declining a re-hearing and therefore, the appeal was dismissed. Judgment Date: 1 May 2019.

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