The Court of Appeal has upheld a decision of the High Court which found that a residential tenant under the Residential Tenancies Act 1986 enjoys the benefit of his or her landlord's insurance and is therefore immune to legal claims in relation to property damage caused by the tenant that is covered by that insurance: Holler v Osaki [2016] NZCA 130.I wrote about the High Court decision here, offering the respectful opinion that the High Court decision was incorrect. For the same reasons I believe the Court of Appeal decision is incorrect.The case lends itself nicely to a further appeal to the Supreme Court, because it is essentially one of statutory interpretation, and is clearly one of general public, and commercial, significance.
Steve KeallBarrister23 April 2016