What was Tenancy Tribunal case 4630509 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4630509?

Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4630509?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4630509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9340592-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4630509 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 4630509?

Property Damage: $500.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4630509?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4630509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9340592-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4630509 — Exemplary damages

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 4630509 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4630509 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Refund of bond	$300.00	Refund of bond
Exemplary damages: Failure to lodge bond	$500.00	Failure to lodge bond
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Claims and awards for application 4630509 — net $820.44 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Refund of bond

Amount: $300.00
Awarded to: Tenant
Reason: Refund of bond

Exemplary damages: Failure to lodge bond

Amount: $500.00
Awarded to: Tenant
Reason: Failure to lodge bond

Net award

Tenant $820.44

Total payable by Landlord to Tenant

Tenant $820.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Azalia Grace Best must pay [The tenant/s] $820.44 immediately.
The application by the landlord is dismissed as the landlord failed to attend the hearing or seek an adjournment.

Reasons

The tenants attended the hearing on 25 August 2023
The landlord had applied for approval to attend the hearing by telephone. That application had been granted.
Telephone calls were made to the landlord at 1.00, 1.02, 1.06 and 1.11 pm today. None of those calls was answered. The landlord has not applied for an adjournment. The landlord applications are dismissed for failure to attend the hearing.
[The tenant/s] claim the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
A check with the Bond Centre today confirms that no bond has ever been lodged relating to this tenancy. I find that the landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
It is in the best interest of these tenants and tenants generally to have bond money held by the independent bond centre. A failure to lodge a bond is in my view an intentional act. The failure to lodge the bond has resulted in the landlord retaining the tenant’s money. I order the landlord to pay exemplary damages to the tenant of $500.00.
As [The applicant/s] has wholly succeeded with the claim I must order the landlord to reimburse the filing fee.
The tenants applied for name suppression. The tenants have been wholly successful in this matter and suppression of the tenant details is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4630509 — net $820.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Filing fee reimbursement	$20.44	Filing fee reimbursement
Refund of bond	$300.00	Refund of bond
Exemplary damages: Failure to lodge bond	$500.00	Failure to lodge bond
Net award	$820.44
Total payable by Landlord to Tenant	$820.44

Claims and awards for application 4630509 — net $820.44 NZD. Verify on MoJ.

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Refund of bond

Amount: $300.00
Awarded to: Tenant
Reason: Refund of bond

Exemplary damages: Failure to lodge bond

Amount: $500.00
Awarded to: Tenant
Reason: Failure to lodge bond

Net award

Tenant $820.44

Total payable by Landlord to Tenant

Tenant $820.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Azalia Grace Best must pay [The tenant/s] $820.44 immediately.
The application by the landlord is dismissed as the landlord failed to attend the hearing or seek an adjournment.

Reasons

The tenants attended the hearing on 25 August 2023
The landlord had applied for approval to attend the hearing by telephone. That application had been granted.
Telephone calls were made to the landlord at 1.00, 1.02, 1.06 and 1.11 pm today. None of those calls was answered. The landlord has not applied for an adjournment. The landlord applications are dismissed for failure to attend the hearing.
[The tenant/s] claim the landlord has not lodged the bond with the Bond Centre within the required time.
A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
A check with the Bond Centre today confirms that no bond has ever been lodged relating to this tenancy. I find that the landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
It is in the best interest of these tenants and tenants generally to have bond money held by the independent bond centre. A failure to lodge a bond is in my view an intentional act. The failure to lodge the bond has resulted in the landlord retaining the tenant’s money. I order the landlord to pay exemplary damages to the tenant of $500.00.
As [The applicant/s] has wholly succeeded with the claim I must order the landlord to reimburse the filing fee.
The tenants applied for name suppression. The tenants have been wholly successful in this matter and suppression of the tenant details is ordered.

Tenancy Tribunal case 4630509 — Exemplary damages

At a glance

Tenancy Tribunal case 4630509 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions