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District Court and fixed tenancies and NZ PI magazine

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  • District Court and fixed tenancies and NZ PI magazine

    I have just glanced through the latest NZ Property Imvestor magazine.

    One thumbs up and two thumbs down so far.

    To delve into the negative first.

    a/ p 6 (no further explanation needed)

    b/ p 68 (if I were the editor I would hide my face in shame and resign forthwith)

    And now to the positive.

    a/ p 56

    Despite his awful photo and usually boringly bland comments, this one is quite important and interesting.

    i/ DC decisions on appeal are apparantly binding on the TT.

    ii/ Many LL's need to tighten up their act when faced with this situation and make sure they get it right. While I was reading the article I too was concerned that the TT had taken this pay off as rent. It just goes to show how wrong (and ignorant?) the TT can be at times. They do have so much leeway but I believe they need to use this discretion wisely and stick as close as possible to the law. Failure to do so will invariably lead to many miscarriages of justice, as in this case.

    Further comments would be interesting to read.

    xris
    Last edited by xris; 04-03-2008, 03:49 PM. Reason: typos

  • #2
    Originally posted by xris View Post
    I have just glanced through the latest NZ Property Imvestor magazine.

    One thumbs up and two thumbs down so far.

    To delve into the negative first.

    a/ p 6 (no further explanation needed)

    b/ p 68 (if I were the editor I would hide my face in shame and resign forthwith)
    Sigh.....so frustrating being in the SI sometimes, we seem to get it a day after you lot do. Maybe tomorrow I'll have some idea what you're talking about!

    Eli

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    • #3
      Originally posted by ream View Post
      Sigh.....so frustrating being in the SI sometimes, we seem to get it a day after you lot do. Maybe tomorrow I'll have some idea what you're talking about!

      Eli
      I received my copy today Eli, and I'm only a 10 minute drive from you.
      Better posties over New Brighton here!

      Comment


      • #4
        Ah, maybe that's why Kieran rates NB as the best suburb in Chch ATM!

        Comment


        • #5
          Originally posted by xris View Post
          b/ p 68 (if I were the editor I would hide my face in shame and resign forthwith)



          xris
          Is this the correct page xris ( p 68 ) ?

          I can't see what you think is so wrong with it.

          Comment


          • #6
            Originally posted by Glen View Post
            Is this the correct page xris ( p 68 ) ?

            I can't see what you think is so wrong with it.
            Perhaps xris meant p.38?

            Paul.

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            • #7
              Originally posted by Glen View Post
              Is this the correct page xris ( p 68 ) ?

              I can't see what you think is so wrong with it.
              Look harder...

              Comment


              • #8
                Is it the prominence given to the breakfast seminar with RHF?

                Comment


                • #9
                  Is there a prize if we get this right?

                  My guess; "Ron Hong Fon will speaking at the next Otago PIA meeting."

                  Comment


                  • #10
                    Originally posted by SuperDad View Post
                    Is it the prominence given to the breakfast seminar with RHF?
                    Paul, please.

                    PhD?

                    Comment


                    • #11
                      "IndependAnt" rather than "IndependEnt"

                      Also, "Property Managers Association" rather than "Property Managers' Association" (although IO think the former is asseptibil).

                      Paul. (No PhD, but an ABD)

                      Comment


                      • #12
                        Back to the important part, and letting the apparant sloppy editing speak for itself, the binding nature of DC decisions needs clarification.

                        Can someone confirm this? The TT is bound by DC rulings?

                        If that is true then whoopy! It might put a stop to a lot of this artibrary unfair stuff we sometimes get from the adjudicators.

                        This has now got me thinking. An interesting exercise would be if someone could find or create a list of appeals to the DC, and their outcomes. I have seen a few and they have usually all been dismissive of the TT's original decision (although this does not mean that they all are of course).

                        More importantly, it would be very useful to be able to use these DC rulings at the TT. It would give some certainty to the applicant rather than going through the usual lottery. In this example, I believe this ruling is priceless.

                        A list of DC rulings would have the efect of adding sections to the RTA but with the huge advantage that they are not subject to the discretion of the adjudicator, as are the normal RTA sections.

                        Anyone got any ideas on this?

                        xris

                        Comment


                        • #13
                          So what was your big deal with that page 68 then xris?, ...you haven't enlightened us yet!
                          Please tell!

                          Comment


                          • #14
                            Originally posted by Glen View Post
                            So what was your big deal with that page 68 then xris?, ...you haven't enlightened us yet!
                            Please tell!

                            Superdad finally saw the glaringly obvios answer.

                            There is no excuse at all for getting the spelling of that word wrong because it is so easy to remember: three 'e' s.

                            Worst of all I think it wasn't a typo but just somebody who can't spell.

                            xris

                            Comment


                            • #15
                              Originally posted by xris View Post
                              Superdad finally saw the glaringly obvios answer.

                              There is no excuse at all for getting the spelling of that word wrong because it is so easy to remember: three 'e' s.

                              Worst of all I think it wasn't a typo but just somebody who can't spell.

                              xris
                              Oh,.... is that it!.....BIG DEAL MAN! GET OVER IT!!!!!!

                              YOUR posts' are full of spelling mistakes,....BIG DEAL!

                              I think you need to find a better use of your time xris,..... if thats that best you can come up with!

                              Did you have a bad day at bowls or something!!!!!

                              Comment

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