Tribunal: Baches and the RTA

Private bach owner Jonathan Black had asked the tribunal for a declaration on whether his property at Riversdale Beach, Masterton was excluded from the RTA.

Courts and tribunals do not generally provide orders in the absence of a dispute, as to the legality of a particular matter.

The court’s primary responsibility is to determine live controversies between citizens and to develop the law of New Zealand in that context.

However, section 78(1a) of the RTA allows a one-party application in limited circumstances – “A person with an interest in premises that are not subject to a tenancy agreement may apply, without notice, to the tribunal for an order under subsection (1)(a) declaring the status of the premises for the purposes of this Act.”