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Gordon Holmes v Housing Corporation of New Zealand [2016] NZDC 16021

Published 05 December 2016

Appeal from Tenancy Tribunal — Residential Tenancies Act 1986 ss 55, 117 and 118 — Housing Corporation v Salt [2008] DCR 697 — Collins v Housing New Zealand Ltd CIV-2004-409-717. An appeal from the Tenancy Tribunal was allowed, and a rehearing ordered pursuant to s 118 before a different adjudicator. The decision appealed from was the termination of the tenant’s tenancy for threatening to kill an agent of the landlord under s 55 of the Act. The appeal was allowed as there were highly relevant issues which had not been addressed by the decision maker, including the possibility of the tenant making the threat without knowing of the agent’s presence. Further, the Judge considered that even if the threat had been made, discretion remained in s 55 to consider additional factors such as whether the breach could be remedied. “Collins” was discussed on this point. Judgment Date: 31 August 2016.

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