Appeal of Tenancy Tribunal — 90 Day Notice — Residential Tenancies Act 1986, ss 78(1) & 105(1) — District Court Rules 2014, r 18.19. The appellant was a former tenant of Housing New Zealand, until the property was sold and subsequently leased to the respondent. The respondent served the appellant with a 90 day notice terminating the tenancy, pursuant to clause 42 of the tenancy agreement. This clause required no reasons for termination to be given. The appellant was in custody at the time of the Tenancy Tribunal hearing, which found in favour of the respondent. The appellant sought a re-hearing under s 105 of the Residential Tenancies Act, asserting a substantial wrong or miscarriage of justice had, or would, occur and that there was new evidence that was not reasonably available at the first hearing. The appellant's claim was essentially that she had not consented to methamphetamine testing on the property and as such it was illegal. The appellant argues that given trace amounts were detected, that was the real reason for the termination and she could provide fresh evidence to attest to that. The appellant argued that relying on the results of illegal testing to terminate the tenancy would be harsh and unconscionable. However, the Judge held that the respondent was entitled to terminate the tenancy under clause 42 without providing reasons. Even if the appellant could substantiate her claim, because clause 42 was validly executed, the termination was the exercise of a contractual right. For that reason, the Judge dismissed the appeal and upheld the Tribunal's ruling. Judgment Date: 18 January 2018.