Tenancy Tribunal Orders Immediate Possession Against Squatters

OUTCOME: Allowed

__________________________________________________________________________________ 5499481 1

[2026] NZTT 5499481

TENANCY TRIBUNAL AT HAMILTON | TE TARAIPIUNARA RETIHANGA KI KIRIKIRIROA

APPLICANT: [redacted]

Landlord

RESPONDENT: [redacted]

Tenant

TENANCY ADDRESS: [ADDRESS], [POSTCODE]

ORDER

1. [APPELLANT] is granted possession of the premises at [ADDRESS], [POSTCODE] immediately.

2. To avoid doubt, the order in paragraph [1] above, means that any person/s occupying [ADDRESS], [POSTCODE] who is/are there without the applicants permission, is/are a squatter/s and may be evicted by an officer of the Ministry of Justice following an application for enforcement of this order.

Reasons:

1. The Applicant has applied for possession of the premises under section 65 of the Residential Tenancies Act 1986 (the “Act”). Section 65 of the Act states:

Eviction of squatters

(1) Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant.

__________________________________________________________________________________ 5499481 2

(2) Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980, or any other remedy that may be available to the person lawfully entitled to possession of the premises.

(3) To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement.

2. The Applicant has applied for possession of the property at [ADDRESS], [POSTCODE]. The property is currently occupied by the Respondents, who are the previous owners.

3. The property was offered for sale by auction by [COMPANY]. The auction proceeded on 19 March 2026, with the Applicant being the highest bidder and purchaser of the property. Settlement took place on 29 April 2026. The Applicant has provided the Tribunal with the following documents:

a. A signed copy of the Particulars and Terms of Sale dated 19 March 2026, which included:

i. Particulars of the property; and

ii. A memorandum of agreement.

b. Confirmation of settlement.

c. Confirmation of funds transfer paid to the Vendor’s solicitor on settlement.

d. Settlement statement dated 29 April 2026; and

e. The RECORD OF TITLE UNDER LAND TRANSFER ACT 2017 recording the Applicants as the ‘Registered Owners’.

4. On 3 May 2026, the Applicant served a trespass notice and Solicitor’s letter on the Respondents. The letter required the Respondents to vacate the property immediately.

5. Section 65 of the Act was considered by the High Court in [NAME] v [NAME] [2019] NZHC 328. [ADDRESS] held at [74] that there are three conditions which have to be met before a possession order can be made:

a. The premises the subject of the application are residential premises.

b. The applicant for possession is entitled to possession of those premises.

c. Another person or persons are in possession as squatters, trespassers, or otherwise than pursuant to any right of occupation granted by a person having lawful authority to do so.

6. There is no dispute the premises are residential premises.

7. The evidence provided by the Applicant is sufficient to prove entitlement to possession of the premises.

8. The Respondents are occupying the premises. They state:

https://www.legislation.govt.nz/act/public/1986/120/en/latest/DLM36926 https://www.legislation.govt.nz/act/public/1986/120/en/latest/DLM36926

__________________________________________________________________________________ 5499481 3

a. The Tribunal does not have jurisdiction to hear the Applicants claim. They are not tenants and have never been tenants of the Applicant.

b. The Applicant breached the terms and conditions of the Sale and Purchase agreement by failing to settle on time.

c. They have filed an application with the District Court:

i. Challenging the lawfulness of the sale of the property and the method of sale; and

ii. Seek an order invalidating the sale of the property; and

iii. Seek an order enabling the redemption of their mortgage.

9. The Tribunal does not have jurisdiction to hear claims challenging the ownership of property. The jurisdiction for that dispute comes under the provisions of the Property Law Act 2007. A claim must be made in the High Court regarding a dispute about property ownership.

10. At the date of hearing no proceedings have been commenced in the High Court.

Conclusion

11. Section 65 of the Act gives the Tribunal jurisdiction to hear an application for possession where an occupant or occupants are in possession of a property as squatters, trespassers, or otherwise pursuant to any right of occupants granted by a person having lawful authority to do so. The Applicant has proved that they are the legal owner and right of possession of the property. The Respondents have not proved a right to occupy following the sale of the property to the applicants. The Respondents have not provided evidence of a legal challenge in the High Court regarding the ownership of the property.

12. Therefore the Tribunal must order immediate possession of [ADDRESS], [POSTCODE] to the Applicant.

[NAME]

30 May 2026

__________________________________________________________________________________ 5499481 4

Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.

Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.

You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf

Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals

Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order, or the failure to make an order, where the amount in dispute on appeal is

less than $1000 • a final order to undertake work, or the failure to make an order, where the value of the

work in dispute on appeal is less than $1000.

Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].

Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.

https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/

__________________________________________________________________________________ 5499481 5

A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].

Reasons: