district court logo

Katherine Lindberg as trustees of the Katherine Lindberg Family Trust v Mary-Ann Clueard [2016] NZDC 3632

Published 01 August 2016

Residential Tenancies Act 1980, ss 13, 118 — appeal against Tenancy Tribunal decision. Section 118 of the Act allows the District Court Judge on appeal to quash the order of the Tribunal and order a rehearing by the Tribunal; or substitute any orders that the Tribunal could have made; or dismiss the appeal. Here, the Judge dismissed an appeal against the Tenancy Tribunal’s decision stating that the grounds advanced in the appeal failed. The appellant did not produce any new arguments or evidence and the Judge found the adjudicator had made a competent and legally-sound decision. Housing New Zealand Corporation v Salt (CIV-2007-004-002875) was cited in support of there being “something akin to a presumption that the decision appealed from is correct”. Further, that it was “customary for the Appellate body to exercise restraint in interfering with discretionary decisions.”

Tags