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Egmont Eco Leisure Park v Cavanagh [2021] NZDC 21896

Published 10 January 2024

Appeal from Tribunal — Tenancy Tribunal — jurisdiction of Tenancy Tribunal — temporary or transient accommodation — "boarding house" — exemplary damages — Residential Tenancies Act 1986, ss 5(1), 13A, 66B & 66C. The appellant appealed a decision of the Tenancy Tribunal. The respondent had moved to the appellant's camping ground because he needed emergency accommodation. Once he arrived he signed an agreement to abide by the appellant's rules. He was later evicted for breaching the rules. The Tribunal had found that the appellant had provided the respondent with a boarding house tenancy. This meant that the matter therefore fell under the Residential Tenancies Act (the Act), and that the Tribunal had had jurisdiction to hear it. The Tribunal had then ordered the appellant to pay the respondent to pay $850 in exemplary damages. The Court found that the accommodation arrangement did not meet the Act's definition of a boarding house tenancy agreement. The arrangement was emergency accommodation that was funded by WINZ. Therefore the Tribunal had had no jurisdiction to hear the matter. It had also been wrong to order exemplary damages to the respondent. The appellant had genuinely believed that it had not needed to lodge a bond with the Bond Centre, and it had had genuine reasons for evicting the respondent from its premises. The Tribunal's orders were quashed. Judgment Date: 9 November 2021

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