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Rawstorne v Westside Management Ltd [2021] NZDC 14114

Published 20 June 2023

Reserved decision — appeal from Tribunal — Tenancy Tribunal — unlawful discrimination — pregnancy — exemplary damages — Human Rights Act 1993 — Residential Tenancies Act 1986, ss 12 & 109 — Noble v Simons [2019] NZHC 3242. The appellant appealed a decision of the Tenancy Tribunal. The Tribunal had found that the respondent property management company had unlawfully discriminated against the appellant; however the Tribunal had declined to award the appellant exemplary damages. The appellant had been a tenant in a property managed by the respondent. The respondent had asked the appellant to move out after she became pregnant, on the grounds that once the appellant gave birth there would be more tenants than were allowed on the property. The Court found that the Tribunal had been wrong to find that the respondents had only mistakenly considered that the pregnancy breached the terms of the tenancy. The respondent had unlawfully discriminated against the appellant by asking her to leave the property. The Court observed that as a professional landlord, the respondent should have known that this request was unlawful. Section 109(3) of the Residential Tenancies Act favoured the awarding of exemplary damages. The respondent's action had been deliberate, and it had caused major uncertainty and distress to the appellant. Further, it would be in the public interest to order exemplary damages, to deter discrimination against pregnant tenants. The Court ordered $2500 in damages to the appellant, as well as costs on a 2B basis. Judgment Date: 20 July 2021.

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