Exploring the Adjudication of Methamphetamine-related Housing Contamination Cases in New Zealand.

Residential methamphetamine contamination in New Zealand has resulted in substantial clean-up costs and evictions. Disputes between tenants and landlords have been adjudicated by the New Zealand Tenancy Tribunal (NZTT). However, the adjudication processes applied are not covered in specific legislation, and scientific advice and related regulatory standards have evolved over time, leading to uncertainty about the consistency of decisions. This study explores the factors that have influenced adjudicators' decisions by thematically analysing 685 NZTT orders from 2014 to 2019. Landlords filed 84% of applications and tenants were deemed liable for 96% of the NZ$2.8 million damages awarded. The Tribunal's decisions were unevenly influenced by baseline testing, presence of children, experience of health issues, police intervention, and neighbours' reports. Several factors contributed to inconsistent decisions, including the contamination threshold applied, sampling methodology, establishing liability for contamination, and assessing "cleanliness". This study suggests more judicial guidance and legislation is required to resolve these cases more equitably.

Citation

Claudia Denisse Sanchez Lozano, Chris Wilkins, Marta Rychert. Exploring the Adjudication of Methamphetamine-related Housing Contamination Cases in New Zealand. Journal of law and medicine. 2022 Mar;29(1):142-155

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PMID: 35362284

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