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McKay v KMS Dairy Ltd [2023] NZDC 4472

Published 20 June 2023

Appeal from Tribunal — Tenancy Tribunal — “service tenancy” — “premises” — “residential premises” — Tribunal jurisdiction — Residential Tenancies Act 1986, ss 2, 5 & 11 — Main v Main [2007] NZCA 306. The respondent dairy farm had previously engaged the appellants as contract milkers, and had provided them with a residence. The appellants had taken proceedings to the Tenancy Tribunal relating to their living arrangements. The Tribunal found that the Residential Tenancies Act did not apply to the parties' living arrangements, and that the Tribunal itself therefore had no jurisdiction over the matter. The appellants appealed that finding to the Court. The Court examined the clauses of the parties' contract milking agreement and compared them to the provisions of the Residential Tenancies Act. The Court found that the residence in question met the definition of "residential premises" in the Act. The Act overrode any provisions of the agreement that sought to establish that the residence was not a residential premises. Therefore the Tribunal had been wrong to find that it lacked jurisdiction, and the Court referred the matter back to the Tribunal. The appellants were entitled to costs for the appeal. Judgment Date: 15 March 2023.

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