What was Tenancy Tribunal case 4568949 about?

The tribunal order states: Mr Kibblewhite is not the tenant of 3 Bluestone Rise, Rosedale, Auckland 0632

How much money was awarded in case 4568949?

Refund Of Partial Repayment Of Debt…: $328.46 awarded to landlord

What type of tenancy dispute was case 4568949?

The dispute type was not classified.

Where can I read the official tribunal order for case 4568949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12612857-Tribunal_Order.pdf.

What was Tenancy Tribunal case 4568949 about?

The tribunal order states: Mr Kibblewhite is not the tenant of 3 Bluestone Rise, Rosedale, Auckland 0632

How much money was awarded in case 4568949?

Refund Of Partial Repayment Of Debt…: $328.46 awarded to landlord

What type of tenancy dispute was case 4568949?

The dispute type was not classified.

Where can I read the official tribunal order for case 4568949?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12612857-Tribunal_Order.pdf.

3 Bluestone Rise, Rosedale, Auckland 0632 Tenancy Tribunal Case 4568949 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 4568949 — net $8,101.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Refund of partial repayment of debt from Tenancy Tribunal Order 4568949 dated 12 July 2023	$328.46		Refund of partial repayment of debt from Tenancy Tribunal Order 4568949 dated 12 July 2023
Net award		$328.46
Total payable by Landlord to Tenant		$328.46

Claims and awards in Tenancy Tribunal application 4568949 — net $8,101.63 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Refund of partial repayment of debt from Tenancy Tribunal Order 4568949 dated 12 July 2023	$328.46		Refund of partial repayment of debt from Tenancy Tribunal Order 4568949 dated 12 July 2023
Net award		$328.46
Total payable by Landlord to Tenant		$328.46

Order

Mr Kibblewhite is not the tenant of 3 Bluestone Rise, Rosedale, Auckland 0632 and has never been the tenant at any time.
Street Smart Property Management Limited As Agent For The Grant Spiers Family Trust Spiers must pay [The tenant/s] $328.46 immediately, being the rent arrears he has paid to it through The Tenancy Practice Service Ltd T/a NZ Collections, from 9 January 2025 to 24 April 2025 at $21.00 per week. The debt repayments were made under court enforcement number 447156456 with payee reference number 47018.
The Tribunal Order 4568949, dated 12 July 2023, ordering [The tenant/s] to pay $8,101.63 to Street Smart Property Management Limited As Agent For The Grant Spiers Family Trust Spiers, calculated as set out in the table below is set aside and replaced by this Order.

Reasons

The tenant and his representative, Peter Kibblewhite, attended the hearing. The landlord did not.
I am satisfied the landlord had received proper notice of the hearing time, date and place and chose not to attend. I called the landlord and was told that they were aware of the hearing, the contact details were correct and that they no longer managed the premise as it was sold by the owner. Further, it stated that it had not received any payments from [The tenant/s] since 2023, despite him having made debt repayments of $328.46, according to the bank records he supplied to the Tribunal. Background
From September 2022, the New Zealand Government ended the COVID-19 Protection Framework and lifted the remaining vaccine mandates and mask requirements. By October 2022, when this tenancy started, New Zealand’s border had fully reopened to visitors from anywhere in the world. However, many people were still wearing masks.
In this post Covid-19 restriction era, a person purporting to be [The tenant/s] rented 3 Bluestone Rise, Rosedale, Auckland 0632 from 7 October 2022 to 6 October 2023, pursuant to a fixed term tenancy agreement.
A male person purporting to be [The tenant/s] signed the tenancy agreement and bond lodgement form on 6 October 2022 to rent 3 Bluestone Rise, Rosedale, Auckland 0632 for him and his partner. Mr Kibblewhite asserts that the male person that entered into this tenancy agreement by stealing his identity, lived in the rental property with his partner Ms Lauren Farquar. This male person provided the landlord with a copy of [The tenant/s]’s New Zealand Drivers Licence, and a proof of income letter and payslip for Mr Kibblewhite, from A H Contracting, for the period 21 September 2022 to 29 September 2022. This payslip shows the employer’s contact details as alistairheatlie@gmail.com and 021 083 09943. The signature on the payslip appears to be that of Alistair Heatlie.
Mr Kibblewhite and his father have provided evidence that Mr Heatlie and Ms Lauen Farquar had shared a rental premise with Mr Kiblewhite previously and would have had access to his wallet and identification during that tenancy. He also stated that his drivers licence had gone missing during the time he lived with Mr heatlie and had turned up in a different place in his wallet and was upside down. At the time he wondered how this had happened but then thought he must have forgotten moving it himself as there was no other compelling explanation for this.
The property management company’s records shows the tenancy agreement was sent to what she thought was Mr Kibblewhite, to an email address jkibblewhite@outlook.co.nz on 5 October 2022 at 23:18 to an IP address
252.215.162. the person purporting to be Mr Kibblewhite signed the tenancy agreement electronically on 6 October 2022 at 01:26 and sent the signed agreement to Jessica Knight, Streetsmart’s property manager, from IP
211.109.209. Ms Knight signed the tenancy agreement electronically on 6 October 2022 at 01.33 and sent a copy of it back to the person she thought was Mr Kibblewhite to jkibblewhite@outlook.co.nz.
Mr Kibblewhite and his father confirmed that Mr Kibblewhite has never had or used the email address kibblewhite@outlook.co.nz and the IP addresses in these electronic signing records are not IP addresses associated with any computer he has accessed at that time.
As the landlord did not attend the hearing, I am unsure if the property manager, or owner of the property, ever saw the male person that signed the tenancy agreement during any pre tenancy property viewing, when the keys were picked up or during any property inspections. Mr Kibblewhite says that Mr Hatlie, who he believes stole his drivers licence and unlawfully used it to enter into this tenancy, looks very different to him. He says Mr Heatlie has darker hair and is must taller in statute. Mr Kibbkewhite stated that he also believes that it was Mr Heatlie and his partner, Lauren Farquar, that lived at the rental premise from 7 October 2022 to 6 October 2023.
The landlord checked [The tenant/s]’s drivers licence details and confirmed that it was a valid drivers licence issued to Mr Kibblewhite. The landlord also undertook a credit check, which showed no credit defaults, and a background check which showed no tenancy tribunal orders in his name, no Court decisions against him and no parole board cases on record. Additionally, the landlord undertook an online google search, online news search and found nothing of concern. The landlord also undertook three reference checks. The first was from Alistair Heatlie as Mr Kibblewhite’s alleged employer, Lawrence, who purported to be Mr Kibblewhite’s current landlord and a personal reference from Nicole Hunt who claimed she was an ex-co-worker. Mr Kibblewhite confirmed that Ms Hunt is a friend of Mr Heatlie’s and not his ex-co worker.
Mr Kibblewhite gave evidence that he has never worked for Mr Heatlie or AH Contracting Ltd, and to his knowledge Mr Heatlie has never owned, operated or managed a business called AH Contracting Limited. The Companies Office register shows that AH Contracting Limited is registered under company number 6948953 and NZBN 9429046928740. It was incorporated on 26 July 2018. However, the sole shareholder and director of the company from the date of incorporation to today is Ashley Graeme HALL not Alistair Heatlie.
Mr Kibblewhite also pointed out that the signature on the tenancy agreement is drastically different from the tenant signature on the tenancy agreement and bond lodgement form. He accepted that this difference in signature could have been explained by the landlord as being due to it being an electronic signature. He states the landlord did not do enough to check that the person signing the forms and renting the premise was the same person photographed and had signed the drivers licence.
The $3,200.00 bond was paid into the Bond Centre by the purported tenant. The landlord has not provided any information about the bank account number this money was paid to it from.
On 4 April 2023, the Tenancy Tribunal terminated the tenancy from 13 April 2023, due to the rent being $6,791.43 in arrears, and granted possession back to the landlord (refer to Order [2023] NZTT 4503075). The Tribunal awarded the landlord $3,611.87 after the $3,200.00 bond had been deducted. The Order confirmed that the person purporting to be Mr Kibblewhite attended this remote telephone hearing. All evidence and notices of hearing were sent to jkibblewhite@outlook.co.nz. The real Mr Kibblewhite has given evidence that he knew nothing about this hearing and was not the male person that attended the hearing.
The Bond Centre paid the $3,200.00 bond to the landlord on 4 April 2023 as directed by the Tribunal under application 4503075.
After the landlord had obtain possession of the property, it applied for further rent arrears from 14 April 2023 to 8 May 2023 of $3,885.71, water rates arrears of $583.61 and reimbursement of the $20.44 filing fee. This application 4568949 was heard remotely by telephone by the Tribunal on 6 July 2023. It was at this hearing that the Tribunal first became aware of the potential identity theft having occurred. At this hearing, the real Mr Kibblewhite stated that he had no knowledge of the tenancy or the prior 4 April 2023 Order. The Tribunal adjourned the hearing of the landlord’s second application to give Mr Kibblewhite time to make a formal complaint to the Police about the identity fraud that had led him to named as a tenant of 3 Bluestone Rise, Rosedale, Auckland 0632 .
Mr Kibblewhite went to the Police station on 13 July 2023 and made a complaint and told the Police that he had reason to believe that Mr Alistair Heatlie and Ms Lauren Farquar had committed this identity fraud to obtain the tenancy by deception. They then left debts in his name that he says he should not be held responsible for. Mr Kibblewhite did not provide that Police to the Tribunal by the required date, so it was not taken into consideration at the 12 July 2023 hearing.
Additionally, on 12 July 2023, the Tribunal heard the landlord’s application 4568949 and found in the landlord’s favour because Mr Kibblewhite had not provided any advice or evidence of any formal police complaint having been made by 10 July 2023 and the landlord produced a text message to the property manager that states: “Hi Jess, after further thought I am not convinced that the misuse of my identity lies with the tenants of 3 Bluestone. I have never signed or shown any form of identification for this property and assume due to your company’s negligence in following procedure my details have been wrongfully attached to this address. I would like this to be rectified and for the actual tenants of the property to be held liable for any rent arrears. Going forward the tenants are willing and able to discuss payment details”.
The reasons the Tribunal found that Mr Kibblewhite was the tenant are set out in paragraphs [8] and [9] of 12 July 2023 Order as follows: [8]Based on the evidence provided, I find it more likely than not that the named tenant has been established by the landlord. If the tenant has been the victim of fraud, it appears more than likely to be by people known to him. I cannot disregard possible collusion. I consider his final sentence in the message above is indicative of some ongoing communication between the tenant and any other occupants of the premises during this tenancy. [9]The tenant had agreed that police involvement was appropriate and indicated he would immediately undertake this. The delay in his taking any such appropriate action prior to the hearing was unexplained by him, but the order timetabling allowed for this to occur promptly. The failure by the tenant to formalise any police involvement, as expected by now, means it is pointless to rely on the remaining timetabling as set in the first order. This final order is issued.
On 17 March 2025, the tenant applied for a rehearing out of time and was granted the rehearing on 10 July 2025.
I have been allocated the rehearing of this matter. A rehearing required me to hear the evidence from both parties de novo, as if the first Order for application 4568949 had not yet been heard. The key question I need to answer, before I can rehear the landlord’s substantive claims, is “was the person that signed the tenancy agreement [The tenant/s]”? Was the person that signed the tenancy agreement [The tenant/s]?
Mr Kibblewhite and his representative have provided the following evidence at 23 October 2025 rehearing in support of his claim that he is not the male person that signed the tenancy agreement or the bond lodgement form on 6 October 2022: a. He lived with Mr Alistair Heatlie and Ms Lauren Farquar prior to this tenancy, and they had access to his drivers licence as he often left his wallet sitting in common areas of the premise they rented together; b. While he was still living with Mr Heatlie and Ms Farquar, he noticed that his wallet had been accessed and his drivers licence had been put back int his wallet in a place that it was not before and it was upside down. He found this odd at the time but did not think that this was indicative that it had been used to steal his identity for the purposes of obtaining a new flat under his name and without his knowledge. He assumes that Mr Heatlie took it and photocopied it and used the photocopy to intentionally fraudulently enter into this tenancy agreement by deception; c. He has never lived at 3 Bluestone Rise, Rosedale, Auckland 0632 and has never even visited that address. He proved that he lived at and paid rent for a different premise for the period 7 October 2022 to 8 May 2023; d. The signature on the tenancy agreement and bond lodgement form is nothing like his actual signature and he strongly denies signing these documents; e. He confirms that he had never met Jessica Knight nor him her and stated that she would be unable to identify him by voice or photograph as the person that she engaged with in relation to this tenancy. Unfortunately Ms Knight no longer works for Streetsmart and was not available to give counter evidence on this assertion; f. He has proven that his email address is nothing like the jkibblewhite@outlook.co.nz and that he does not own or have access to that email address and does not know who does, who set it up or when; g. Mr Kibblewhite’s email address that he has used to communicate with his parents and friends during the alleged tenancy is not jkibblewhite@outlook.co.nz. The email address Mr Kibblewhite has used to communicate with the Tribunal is also not the email address used by the male tenant of 3 Bluestone Rise, Rosedale; h. Mr Kibblewhite has reported the identity theft to the Police and has produced a copy of the Police complaint and acknowledgement form dated 13 July 2023. He has also been talking to the fraud squad and is concerned about Mr Heatlie using his identity for other unlawful purposes. He has provided the Police with Mr Heatlie’s mothers name and contact details; i. Mr Kibblewhite was not working at the time the AH Contracting Ltd fraudulent payslip was manufactured. He was on a government benefit.
I am satisfied, based on the evidence provided by Mr [The tenant/s], and his parents, that Mr [The tenant/s] was not the person that applied for the tenancy at 3 Bluestone Rise, Rosedale, nor was he the person that viewed the premise, signed the tenancy agreement and the bond lodgement form or attended the original 4 April 2023 hearing where the tenancy was terminated. He has proven that he was living elsewhere from 7 October 2022 to 8 May 2023, and has never worked for AH Contracting Limited. He has also pursued the identity theft with the New Zealand Police but states they have told him they are not resourced to pursue his complaint with Mr Heatlie and Ms Farquar and as such have done nothing to investigate the fraud that has given rise to this rehearing.
The landlord has not provided any evidence to disprove the evidence Mr Kibblewhite has relied on during this rehearing to prove he was not the tenant that it should be pursuing for repayment of the rent and water rates arrears related to this tenancy.
I find Mr Kibblewhite is not the tenant that signed the tenancy agreement on 6 October 2022 and that he cannot be pursued for any deb related to the resulting tenancy.
Mr Kibblewhite has produced bank records that show he has made fifteen payments of $21.00 and one of $13.46 towards that debt. All monies paid to The Tenancy Practice Service Ltd trading as NZ Collections, must be repaid immediately to Mr Kibblewhite. These deductions were made by way of an attachment order to recover civil debt issued by Isabella Tait Jones, Deputy Registrar, on 13 January 2025.
The 12 July 2023 Order is unenforceable as it has been set aside and replaced by this Order, which is binding and enforceable.
Should NZ Collections records differ from the bank records provided to the Tribunal by the tenant, this order can be amended to reflect the actual amount deducted from Mr Kibblewhite’s account under the attachment order by NZ Collections sending a copy of the payments taken by it to aucklandmetrotenancy@justice.govt.nz with application number 4568949 in the subject line. On receipt of such additional evidence, I will amend the amount to be repaid to Mr Kibblewhite in the Order and re issue it. I had tried to contact NZ Collections during the hearing but was unable to speak to anyone who had the information required. Mr Kibblewhite confirmed he had the same difficulty when trying to obtain that evidence before this hearing.

Tenancy Tribunal case 4568949 — Tenancy dispute at 3 Bluestone Rise, Rosedale, Auckland 0632

At a glance

Award balance

Tenancy Tribunal case 4568949 — Tenancy dispute at 3 Bluestone Rise, Rosedale, Auckland 0632

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions