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  • Academic (Asinine) Hypothesis

    It's Easter and the usual fatuous harassment of some
    retailers by government functionaries gets some undue
    but vacuous attention from vapid media . . .
    40 Tenant's responsibilities
    (1) The tenant shall -
    (a) pay the rent as and when it is due and payable
    under the tenancy agreement
    So if the rent is payable (overnight) on Friday,
    but not received until Wednesday, after over-
    night processing on the Tuesday after Easter,
    (i.e. four days late) doesn't that mean that
    all tenants' Friday-night-non-payments put
    them in breach of their responsibilities under
    the RTA?

    Can we send some government functionary
    around to visit all such wayward tenants?
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  • #2
    He he

    I thought it was quite hypocritical of the labour dept on Easter Friday.
    They caught many businesses open when they should have been closed and been on holiday.

    However to catch these retailers the labour dept would have been required to work themselves.

    So on one hand they are encouraging business to observe public holidays. But don't make there own staff do same.

    Comment


    • #3
      Bejabbers - you aren't asking for consistency from
      a government department, are you? Where do you
      get such weird ideas from, silly?
      Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

      Comment


      • #4
        Originally posted by Perry View Post
        Bejabbers - you aren't asking for consistency from
        a government department, are you? Where do you
        get such weird ideas from, silly?
        I live in a strongly catholic country...........so strong that if you are not careful here you can get hit by Church tax ( hangover from the Holy Roman Empire)................and Good Friday trading isn't a problem here.............its a normal work day!!!!!
        The mission of any business enterprise should include the aim to develop economic conditions rather than simply react to them.

        Comment


        • #5
          Originally posted by Perry View Post
          So if the rent is payable (overnight) on Friday,
          but not received until Wednesday, after over-
          night processing on the Tuesday after Easter,
          (i.e. four days late) doesn't that mean that
          all tenants' Friday-night-non-payments put
          them in breach of their responsibilities under
          the RTA?
          No, it does not mean this (I believe).

          Section 40 1(a) requires the tenant to

          pay the rent as and when it is due and payable
          under the tenancy agreement
          Section 11 (1) states that

          Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless—
          • (a) The inconsistency, exclusion, modification, or restriction is expressly permitted by this Act; or
          • (b) The Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.
          In Section 2, "working days" expressly excludes

          A day in the period commencing with Good Friday and expiring with the Tuesday after Easter
          I takes the combination of these sections to entail that one cannot require a tenant to make a payment on a non-working day, which includes the days in Perry's scenario.

          Paul.

          Comment


          • #6
            I really must find something better to do

            Generally, I agree that it would not be a common-sense
            approach to this distracting question. But we are not
            talking about entities which have any renown for that
            wonderful attribute.

            Taking into account the section heading, viz.
            s11 Act generally to apply despite contrary provisions
            and a wider reading of s11 and its overall
            context, it seems to be one of allowing a PI
            to take on extra responsibilities, over and
            above the RTA minimum requirements, but
            precludes a tenant from so doing (in it's
            usual even-handed way)

            The working days edict I take to apply to the
            service of documents, rather than payment of rent.
            After all, the relevant section
            pay the rent as and when it is due and payable
            under the tenancy agreement
            doesn't make any reference to working days or
            exclusions, or the like.

            But then we are dealing with a one-sided piece
            of legislation here. We're also being distracted
            from PI realities by me posing weird scenarios,
            which, with luck, will never be tested in a TT.

            I really must find something better to do . . .
            Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

            Comment


            • #7
              http://www.legislation.govt.nz/act/p.../DLM31881.html

              Comment


              • #8
                You can go to your Hairdressers for a haircut and an RE agent can sell you a house but you are not allowed to buy a pot plant. Go figure. Any service is allowed to operate but you can't sell something. So you can't buy the hair gel from the hairdresser after she has cut your hair.
                [email protected]

                Comment


                • #9
                  Originally posted by Monkeyboy View Post
                  You can go to your Hairdressers for a haircut and an RE agent can sell you a house but you are not allowed to buy a pot plant. Go figure. Any service is allowed to operate but you can't sell something. So you can't buy the hair gel from the hairdresser after she has cut your hair.

                  You wouldn't be the greatest consumer of hair-gel though would you Mike?

                  Comment

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