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Qi Zang v Ping Yip [2016] NZDC 9356

Published 07 December 2016

Appeal from decision of Tenancy Tribunal — rehearing declined — Residential Tenancies Act 1986, ss 40, 77, 105 and 109 — Nelson Education Board v Williamson [1990] DCR 337 — Housing New Zealand Corporation v Salt [2008] DCR 697. A decision of the Tenancy Tribunal not to grant a rehearing under s 105 was being appealed. The Judge approached the appeal in the form of a rehearing, which was the approach advocated in “Housing New Zealand Corporation”. The alternative approach is “de novo” (hearing the matter afresh as a new trial) which was set out in “Nelson Education Board”. In dismissing the appeal, the Judge determined on a number of points raised by the appellant that there was nothing on the evidence which required a departure from the decisions made by the Tribunal adjudicator. Judgment Date: 30 May 2016.

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