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NZ Landlord Loses Trash Battle Against Chinese Embassy
In a dispute involving a New Zealand landlord and the Chinese embassy regarding rubbish disposal, the landlord, Chandler Investments Limited, lost its claim seeking NZ$960 ($559; £462) for cleaning, rubbish removal, and key cutting expenses for a Wellington mews house.
The tenancy tribunal ruled against Chandler Investments Limited, citing that the Chinese embassy was protected by sovereign immunity.
Sovereign immunity prevents a government from being sued in another country without its consent.
According to tribunal records, adjudicator Rex Woodhouse determined that the tribunal lacked jurisdiction in this case and consequently dismissed the claim.
While representatives from New Zealand’s Ministry of Foreign Affairs and Trade (MFAT) were present during the tribunal hearing, neither party involved in the claim attended.
Mr. Woodhouse noted in his judgment that he was able to contact a representative from the Chinese embassy, but she had no knowledge of the application.
The applicant for the tenancy was recorded as “Embassy of the People’s Republic of China”, and compensation was first sought last May at the end of the tenancy.
MFAT noted that there were commercial exceptions to immunity but the adjudicator said he was “not persuaded that the rental of a residential dwelling to an embassy would be commercial in nature”.
“It was definitely a quirk we didn’t see coming,” owner Chris Chandler told local media, adding that he thought the amount would have been “immaterial” for the embassy.
“No more diplomats, and according to our property manager, that’s the advice he gives to others in the same area as well,” Mr. Chandler said.
New Zealand has witnessed multiple instances where landlords found themselves entangled in tenancy disputes with foreign embassies.
In 2018, a similar situation arose when a claim was filed against the Deputy Chief of Mission for the European Union, Eva Tvarozkova.
The claim amounted to $11,700 (NZ$20,000) in unpaid rent and related expenses for a property in Wellington.
Initially, the tenancy tribunal ruled in favor of the landlord, affirming their entitlement to the money. However, New Zealand’s Ministry of Foreign Affairs and Trade (MFAT) later intervened, citing Ms. Tvarozkova’s diplomatic immunity, which shields her from prosecution.
Consequently, they requested a reevaluation through another hearing.
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