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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22827
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Recently I applied for a NZ Tenancy Tribunal hearing. I was

Customer Question

Hello. Recently I applied for a NZ Tenancy Tribunal hearing. I was the tenant accusing my LLs of giving illegal short notice to quit, and stealing from me. They gave 6 weeks notice when they should have given 90 days, as they re-modeled and refurbished the property. They entered and stole approx $5,000 of property from me before I had finished moving out, property including gold and silver plus other possessions, including property I accidentally and inadvertantly left behind. The LL's admitted at the hearing that they had my address before I moved, that I was contactable. I was not contactable by phone or electronic means, but by mail. I am sorry, I know how the following sounds, but it is the truth. The adjudicator was immediately sympathetic towards the LLs and did not hide it. To me, she seemed utterly disgusted that a tenant should accuse a LL of theft.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: She awarded me 2 weeks rent for the short notice, then punished me by taking one weeks rent back on the grounds that I was "not contactable", even though the illegal notice and contactability after moving out have no relationship with each other.
JA: Has anything been filed or reported?
Customer: I applied for a re-hearing within the legal time frame and recieved no reply which did not bother me initially, so contacted the Clerk to make enquiries as to why I had no reply. She replied that she had sent a letter. (I recieved no letter.) I asked why I was not texted or emailed, and she replied they don't contact that way, they only use mail. She sent me a PDF of the reply, which was a DECLINE, on the grounds that "Just because you are unhappy with the result is no reason..."
JA: I'm sorry but I'm not sure we have an expert who covers what you are looking for. Maybe if you give me more details I will find you a connection to someone who can help you.
Customer: Sorry, I entered the first section accidentally.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The real issue is this. According to the law, because I have checked, the adjudicator MUST order a transcript of the hearing before a re-hearing application is replied to. They are legally bound to read the transcript and not go on memory. I asked the clerk about the transcript and she told me none had ever been ordered. That means the adjudicator (who is a barister) broke the law by not using the transcript to guide her decidion. I applied for a re-hearing on the grouynds that the decision was made based on my not being contactable when i can prove I was, I have the franked redirected mail to prove it, and the transcript also prooves it. She let the LLs walk with my property, saying my fault, not contactable, too bad, case closed. She broke the law. What can I do?
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.

You may not be able to recover the things you lost in the Tenancy Tribunal and may need to get a list and sue in the Disputes Tribunal for these. You can appeal the Tenancy Tribunal to the District Court, although you must do so promptly.

Expert:  Chris The Lawyer replied 8 months ago.

Have you looked at an appeal? Did the adjudicator discuss the things which went missing?

Expert:  Chris The Lawyer replied 8 months ago.

If you are still in time I would suggest an appeal which would enable you to have these issues looked at again. But there should be a transcript, although there is a rehearing in the appeal anyway

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