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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We checked into an apartment in wanaka. 4 adults and 1

Customer Question

Hi. We checked into an apartment in wanaka. 4 adults and 1 infant. When we arrived the cot was situated in the dinning/kitchen/living area as there was no space in the bedrooms. Is this legal? We've subsequently had to move the cot into a small space and are now worried this is in contravention of fire laws as there is limited room to move.
Submitted: 11 months ago.
Category: New Zealand Law
Customer: replied 11 months ago.
FYI we are committed to the booking for the next 5 nights as there is a 7 day cancellation policy.
Expert:  Chris The Lawyer replied 11 months ago.

This is legal, although obviously not very satisfactory. Fire safety issues like this apply to commercial premises, and generally to the exits outside the apartment. The fire and safety rules will be in the local bylaws of the local council and the conditions and number of persons permitted to stay is usually specified in the building permit, and in any council requirements for the Code Compliance Certificate.

You may have a stronger point under the Consumer Guaramtees Act where services, like holiday accomodation must be suitable for your needs, and if the cot takes up space which affects your enjoyment, then perhaps they should not advertise this as suitable for the cot as well as the adults. So you could claim a partial refund.

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