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Fay Birch v Christchurch City Council [2016] NZDC 7282

Published 17 November 2016

Appeal against decision — application for stay of Tenancy Tribunal order — Residential Tenancies Act 1986, ss 106 and 117. A stay in the proceedings was granted with the condition that the defendant was permitted to file the s 106 possession order to obtain a warrant for recovery of the land. It was deemed appropriate to grant the stay as evidence had been produced that the applicant did not owe rent in arrears at the date of the hearing (that having been the basis of the earlier order of the Tribunal to terminate the applicant’s tenancy). Judgment Date: 19 April 2016.

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