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Great Wall Property Management Limited v Lorien Arellano [2016] NZDC 22603

Published 13 March 2017

Appeal against decision of Tenancy Tribunal — Residential Tenancies Act 1986, ss 66, 85, 96 and 97 — Contractual Remedies Act 1979. Appeal dismissed as there were no issues with procedural unfairness, the evidence accepted or jurisdiction to terminate the tenancy. The manner that hearings must be conducted is reasonably loosely regulated under the Act (ss 85 and 96) with jurisdiction to accept relevant evidence that may not be admissible in a Court of Law (s 97). The Judge stated that the tenancy could have been cancelled pursuant to the Contractual Remedies Act as the conduct complained of was "absolutely fundamental" to the respondents position, but s 66 also grants the Tribunal power of cancellation for unforeseen change in circumstances causing severe hardship (s 66) as occurred in this case. Judgment Date: 9 November 2016.

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