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"Address for Service" S(2) Interpretation

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  • xris
    replied
    Yes Perry, a good point. What we could all do with is somebody having a test case, or going for a judicial review. Any volunteers?

    Leave a comment:


  • Perry
    replied
    Originally posted by xris View Post
    I can see Keys' point but I too felt that other laws/precedents relating to addresses for service would dictate what constituted an address for service - it has to be a physical address.
    Xris, I agree and disagree. Each Statute is supposed to 'stand
    alone,' except insofar as it references other statutes. Each
    statute has it's own interpretation section, in which words
    and phrases are defined for the purposes of that Act.

    That such definitions are (or may be) contrary to the
    definitions of the very same words and phrases in other
    statutes is immaterial. Tax law is one where this sort of
    shenanigans is the most blatant. I.e. where something is
    defined one way in one Act and another way in another Act,
    because the focus is on revenue generation, rather than
    consistency.

    So while I agree that there is a mountain of precedents for an
    address for service being a physical address, that does not
    stop the RTA or an RTA-appointed adjudicator placing
    some other definition upon it, provided that their
    empowering enactment allows such interpretation
    to occur.

    Leave a comment:


  • cube
    replied
    That is discriminating on the grounds of race, and that would never do.

    Leave a comment:


  • xris
    replied
    In light of Mr Field's comments, why can't landlords put in a clause....

    "No more than five people to reside at the property, unless they are all Pacific Islanders in which case ten people will be allowed."

    Surely that would help everybody?

    xris

    Leave a comment:


  • Glenn
    replied
    Originally posted by xris View Post
    Glenn, wil this be one of the changes to the new altered RTA?

    xris
    I did make a number of recommendations in my submissions but they were ignored or disallowed.
    I can not remember what if anything was said at the consultation meeting about address for service. However subsequent news releases indicate that the consultation process was a sham and that Depart of housing and the minister has a hidden agenda. I fail to see why they would go through the effort and expense of paying for a bunch of people to attend these meetings and then release completely different details to the media.
    I do wonder if a different set of data was released to the three different groups they consulted. Then on second thoughts perhaps they listened more to one of the groups. They consulted with tenants, Real estate agents, and landlords. I did notice they cunningly avoided talking about the one major issue facing real estate agents this being the letting fee.
    As I mischieviously alledge they have a hidden agenda.

    Actually one thing that has not hit the forum thinkers is the affect that Philip Field will have on the RTA review.
    The Pacific Island representative on housing issues states that Islander families are larger than other nationalities. The RTA review states that tenants who over populate houses will now be fined.
    I can not see Field being happy about that. It is likely he will vote against it and this might make the bill in its current form unpassable.

    Hows that for a wild thought.
    Any comments you secret viewers from DBH.
    One

    Leave a comment:


  • xris
    replied
    I can see keys' point but I too felt that other laws/precedents relating to addresses for service would dictate what constituted an address for service - it has to be a physical address.

    Glenn, wil this be one of the changes to the new altered RTA?

    xris

    Leave a comment:


  • Glenn
    replied
    I have heard this use of the fax number suggested by other people.
    Regardless of what the RTA says there are are other laws and agencies than Tenancy Services.
    Just try using anything apart from a physical address at the Collections unit of the district court or only supplying a fax number to the bond centre,
    I do manage to get away with a PO Box with the bond centre. For all other documents I use an industrial factory address.

    Leave a comment:


  • Keys
    started a topic "Address for Service" S(2) Interpretation

    "Address for Service" S(2) Interpretation

    Quote: "means the address given by the landlord or tenant under this Act as the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the landlord or tenant, as the case may be:" Unquote

    Service of documents" S 136(1) (d)

    Quote "It is transmitted to a facismile number specified in the tenancy agreement, or otherwise stated in writing by the landlord or tenant, as a facismile number by which the landlord or the tenant will accept service of documents relating to the tenancy." Unquote

    "Address" is not defined.

    Therefore, I put it to you as a defensible position:

    An "Address for Service" may be (and only be) a facsimile number.

    Keys


    P.S.

    Just popped a request under the OIA for clarification. It'll be interesting to see the fudging answer.

    Keys
    Last edited by Keys; 16-03-2007, 01:38 PM. Reason: Added post script.
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