Acme Realty Co v Hogg [2021] NZDC 3231

Published 23 December 2021

Tenancy Tribunal appeal — methamphetamine contamination — Residential Tenancies Act 1986, s 40(2)(b) — New Zealand Standard 8510:2017 — Full Circle Real Estate Ltd v Piper [2019] NZDC 4947. The appellant appealed a decision of the Tenancy Tribunal. The rental property had been let to the respondents and at the end of the tenancy traces of methamphetamine had been found at the premises. The drug testing agency recommended that remedial decontamination occur as the level of methamphetamine detected was above the level of 1.5 micrograms per 100 square meters, set by New Zealand Standard 8510:2017. At issue was whether the New Zealand Standard 8510:2017 had been adopted into law. The Judge considered a previous appeal from the Tenancy Tribunal where a similar issue was decided. The Court in that appeal had determined that the New Zealand Standard 8510:2017 was not binding. The Judge in this case agreed that New Zealand Standard 8510:2017 had not been passed into law, and that consequently the adjudicator was not bound by the level set by the Standard. The appeal was therefore dismissed. Judgment Date: 25 February 2021.

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