Wanoa v Pepper Custodians (New Zealand) Limited

[2013] NZHC 764

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-1777 [2013] NZHC 764

BETWEEN  WIREMU WANOA Appellant

ANDPEPPER CUSTODIANS (NEW ZEALAND) LIMITED Respondent

Hearing:         12 April 2013

Appearances: Appellant in person

E Cox and I Miller for Respondent

Judgment:      12 April 2013

(ORAL) JUDGMENT OF KATZ J

Solicitors / Parties: Mr W Wanoa

Mr E Cox / Mr I Miller, Gibson Sheat, Solicitors, Wellington

WANOA V PEPPER CUSTODIANS (NEW ZEALAND) LIMITED HC AK CIV-2013-404-1777 [12 April

2013]

[1]      On  24  December  2012  the  Tenancy  Tribunal  made  orders  terminating Wiremu Wanoa’s tenancy of two properties in Pokeno.  Possession was granted to the respondent, Pepper Custodians (New Zealand) Limited (“Pepper”), effective midnight on Sunday, 20 January 2013.

[2]      Mr Wanoa appealed that decision to the District Court on 8 April 2013.  His appeal was dismissed by Judge M-E Sharp.  Mr Wanoa immediately filed a further appeal to this Court, and also filed an application for “stay of proceedings and stay of execution” (“Stay Application”) which first came before me on an urgent basis in the Duty Judge List on 10 April 2012.  The full background to that is set out in my Minute of 11 April 2013. At that time I made an interim stay order.

[3]      I  have  heard  full  argument  of  the  Stay  Application  today.    The  Stay Application  is  dismissed.    My interim  stay order of  10 April  2013  is  revoked. Written reasons to follow.

[4]      Leave is reserved to file memoranda on costs.  Any memorandum from the respondent is to be filed and served within 14 days of my written reasons being

delivered, with the applicant’s memorandum 7 days thereafter.

Katz J