Takarangi had tried to continue the tenancy, as he was having difficulties finding somewhere else to live. The landlord agreed to extend his occupation until December 11 last year.
The landlord then applied to the tribunal for rent arrears owed by Takarangi, who was the liable tenant from the end of the tenancy last October until he left the property. All rent had been paid up to October, the tribunal noted.
Summit Property Management, which managed the Nelson rental on behalf of the owners, was the only party to attend last year’s hearing. Takarangi had requested an adjournment but this was declined.
He was ordered to pay $1170 in rent owed, less half the bond owed, while the bond centre was instructed to pay $1720, half of which went to Takarangi’s former partner and the remainder to the firm that managed the property.
At Takarangi’s appeal, Judge Tony Zohrab told the court the tribunal adjudicator had correctly stated the law in that only one person in a joint tenancy was required to give notice, much the same as if there were two landlords, the tenant needed only to tell one.
The judge said notice could be given by one party, even if the other didn’t agree.
He said there was clear evidence the tenancy was terminated.
Takarangi told the court he felt Māori had been let down by the justice system, as he had been by the events which led to the appeal.
The hearing was conducted with the help of a court-appointed translator, who appeared remotely via an audio-visual link to read material in te reo provided by Takarangi.
The excerpt was based on Sir Mason Durie’s Te Whare Tapa Whā - a holistic model of health and wellbeing based on the concept that there were four parts of health: taha wairua (spiritual health), taha hinengaro (mental health), taha tinana (physical health), and taha whānau (family health).
The model suggested that in order to achieve overall wellbeing, all four parts must be balanced and work together. If one part was neglected or compromised, it could affect the other dimensions and lead to health problems.
On completion of the reading, Summit Property Management representative Stewart Henry was offered a chance to respond.
He said the firm believed it had presented the right evidence to the tribunal.
Judge Zohrab then noted Takarangi had since been able to secure stable accommodation, was doing well with his studies and was generally on a positive path.
He said Takarangi did not seek to argue the matters raised in his appeal notice, and dismissed the appeal.
