New Zealand landlord loses dispute with Chinese embassy over trash case

A landlord in New Zealand got into an argument with the Chinese embassy over throwing away trash and ended up losing a claim for NZ$960 ($559; £462).

Chandler Investments Limited said that the embassy did not pay for cleaning and other expenses when they moved out of a rented Wellington mews house.

A group that settles disputes between tenants and landlords decided that the embassy could not be held responsible because it has special protection as a government institution.

This means that a government cannot be taken to court in another country unless it agrees to it.

Chandler Investments Ltd wanted to get paid for doing cleaning, taking out the trash, and cutting keys. They said they should be paid NZ960 ($559; £462) for their services.

But in official documents reviewed by the BBC, a judge named Rex Woodhouse decided that the tribunal did not have the power to handle the case, so it was thrown out.

Representatives from the Ministry of Foreign Affairs and Trade (MFAT) of New Zealand were at the tribunal hearing. However, neither side involved in the claim showed up. Woodhouse contacted someone from the Chinese embassy, but they didn’t have any information about this application, according to what he wrote in his judgment.

The person who wanted to rent the place was identified as the “Embassy of the People’s Republic of China”. They asked for payment for damages in May, after the rental period ended.

The MFAT said that there are some cases where immunity does not apply in commercial situations but the judge did not agree that renting a house to an embassy is a commercial transaction.

Owner Chris Chandler told local media that the situation was unexpected and surprising. He also mentioned that he thought the amount of money involved would not have had much significance for the embassy.

MrChandler said that our property manager recommends not having any more diplomats and this advice applies to others in the same area too.

This has happened before in New Zealand, where a landlord got into a dispute with an embassy over a rental agreement.

In 2018, a complaint was filed against Eva Tvarozkova, who works as a deputy chief for the European Union. The complaint said that she owed more than $11,700 (NZ$20,000) for rent and other expenses at a house in Wellington.

The court first said the landlord could have the money, but later the government said Ms Tvarozkova could not be punished because she had diplomatic immunity. They wanted to have another court session.