A diplomat is arguing she's covered by diplomatic immunity and wants a Tenancy Tribunal case thrown out against her.
Eva Tvarozkova Photo: Facebook / European Union in New Zealand
Eva Tvarozkova represented the European Union in New Zealand and leased a property on a fixed-term tenancy for three years in 2015.
But she vacated the Karaka Bays property in Wellington after about six months, leaving landlords Matthew Ryan and Rebecca Van Den Bos out of pocket.
In March, the Tenancy Tribunal awarded costs to the landlords of $14,314, plus a bond of $6000, for unpaid rent, damage to a lift and installing new blinds.
But a re-hearing was held in Wellington today.
Her lawyer Peter Cullen said the tribunal had no jurisdiction because Ms Tvarozkova was covered by diplomatic immunity.
Mr Cullen said the tenancy was not a commercial activity because she did not profit from it.
But the lawyer representing the landlords, Steven Price, directed the tribunal to a Canadian case which concluded a property lease by a diplomat was a commercial activity and a personal matter.
"It is my view that when one enters into a lease transaction involving the payment of substantial sums of money for the premises in question and where both parties assume various rights and obligations under the agreement, one is indeed engaged in a 'commercial activity' and thus loses any immunity," the judge in the Canadian case said.
Mr Price argued that example should be taken into account for Ms Tvarozkova's case.
Ms Tvarozkova was not at today's hearing.
The Tenancy Tribunal will give its decision in writing.