Tribunal Lacks Jurisdiction in Excluded Tenancy Case
📌 In brief
The Tenancy Tribunal dismissed an application for compensation because the tenancy involved renting ground space for a mobile home, which falls outside the scope of the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenancy involving bare land with mobile homes or caravans is excluded from the Residential Tenancies Act 1986.
📖 Technical summary
The Tribunal lacks jurisdiction due to the tenancy being excluded under the Residential Tenancies Act 1986.
📜 Headnote Official document
The Tenancy Tribunal dismissed an application for compensation due to the tenancy being excluded under section 5(1)(t) of the Residential Tenancies Act 1986, which applies to tenancies involving bare land with mobile homes or caravans.
📚 Full judgment Official document
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[2025] NZTT 5116230, 5179852
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Tenant
RESPONDENT: [redacted]
Landlord
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The Tribunal has no jurisdiction. The tenancy is an excluded tenancy under section 5(1)(t) of the Residential Tenancies Act 1986.
2. The application is dismissed.
Reasons:
1. Both parties attended the hearing which I conducted by phone.
2. [NAME] has applied for compensation for what he alleges were landlord breaches towards the end of his tenancy and for associated orders arising from the way the tenancy ended.
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3. First, the Tribunal must determine whether it has jurisdiction to hear the matters raised in the application.
4. The tenancy lasted for about 4 years. [NAME] rented an area on which he parked his caravan. The caravan was his place of residence.
5. Mr [NAME] runs a business called [NAME]. Mostly, residents rent ground space on which they park and then reside in mobile homes or caravans. They get to use communal bathroom and cooking facilities.
6. While the arrangement is a tenancy, not all tenancies fall under the Residential Tenancies Act 1986 (RTA); some are excluded.
7. Section 5 RTA sets out the exclusions that apply. Section 5(1)(t) RTA excludes a tenancy
Where the premises comprise bare land (with or without facilities) on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan, or other means of shelter;
8. That exclusion completely describes the tenancy [NAME] had at the [NAME].
9. The tenancy was therefore an excluded tenancy under section 5(1)(t) RTA. The Tribunal has no jurisdiction to hear the application.
10. [NAME]’s application is therefore dismissed. Mr [NAME]’s cross-application was a defence to the application and raised no issues other than jurisdiction.
J Greene
28 May 2025
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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 for the payment of less than $1000 • a final order to undertake work worth 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/
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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:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenancy involved renting ground space for a caravan, fitting the description of an excluded tenancy under the Residential Tenancies Act.
- The Tribunal determined that the tenancy was excluded based on the nature of the premises being bare land with facilities for mobile homes and caravans.
- The landlord's business model, where tenants rent ground space to park their mobile homes or caravans, aligns with the statutory definition of an excluded tenancy.
❌ Tends to be rejected
- The tenant's request for compensation due to alleged breaches by the landlord was dismissed because the Tribunal lacked jurisdiction over the tenancy.
- The application for compensation and related orders was dismissed as the tenancy was deemed excluded under the Residential Tenancies Act.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal decided it lacked jurisdiction over the case because the tenancy was excluded under the Residential Tenancies Act 1986.
What was the dispute about?
The dispute was about a tenant seeking compensation for alleged breaches by the landlord during the tenancy.
How did the court decide, and why?
The court decided that it had no jurisdiction because the tenancy involved renting ground space for a mobile home, which is excluded under the Residential Tenancies Act 1986.
Which laws or rules were applied?
Section 5(1)(t) of the Residential Tenancies Act 1986 was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenancy involved renting ground space for a mobile home, which is excluded from the Residential Tenancies Act 1986.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may find that their case is dismissed if their tenancy involves renting ground space for a mobile home, which is excluded under the Residential Tenancies Act 1986.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.