Tenantcheck Insights · Case study
Tenancy Tribunal case 4783663 — Exemplary damages at Multiple Tenancies
Decided 13 Apr 2026 · Published 13 Apr 2026 · Application 4783663
- Exemplary damages
Party names are redacted in the official published order. This page summarises the dispute only — not individual identities.
At a glance
Key facts from the published tribunal order.
Adjudicator
J Greene
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The Tribunal orders interim suppression of the respondent’s name pending the hearing of proceedings scheduled for trial by jury in July 2027.
- The applications by The Chief Executive, Ministry of Business, Innovation, and Employment for exemplary damages and for a restraining order are adjourned sine die.
- By consent, [the respondent/s] must pay $9,316.00 to the Bond Centre being the outstanding bonds that are the subject of this application. By order, that amount must be paid by 30 April 2026.
- The file will be closed until such time as the applicant requests it be re-opened for the Tribunal to hear the applications for exemplary damages and for a restraining order, and costs.
Reasons
- The Chief Executive, Ministry of Business, Innovation, and Employment (MBIE) as regulator of residential tenancies has applied for an order for exemplary damages for the non-lodgement of bonds for 7 tenancies where the respondent was the landlord. Also sought is a restraining order and reimbursement of the filing fee.
- Mr Gray, counsel, represented the Chief Executive; Mr [respondent/s advocate], represented the respondent company.
- The application has been outstanding for some time. I have held case conferences with the parties to bring the application to hearing. Adjournment application
- Mr [respondent’s advocate] sought an adjournment of the hearing scheduled for 7 April 2026 pending the hearing of proceedings brought by the Ministry of Social Development against the respondent company. The District Court trial is scheduled for July 2027.
- This case is one of 8 brought by MBIE against companies that have or have had some commonality of directors. However, Mr Gray confirmed that the proceedings are against the companies, not against directors of the companies.
- I have previously agreed to adjourn 2 of the applications where the companies accepted the breaches of the Residential Tenancies Act 1986 (RTA), limited to the failure to lodge bonds.
- I was not willing to simply adjourn the application against this respondent, the adjournment application made so close in time to the hearing, without an acceptance of the allegation made by MBIE concerning the non-lodgement of the 7 bonds set out in the schedule below. Result
- After taking instructions, Mr [respondent’s advocate] advised the Tribunal that the breaches were accepted by the respondent company. The only issue arising from that acceptance is what amount of exemplary damages (if any) should be awarded for the breaches that are defined unlawful acts.
- Without opposition by Mr Gray, I agreed to adjourn the hearing on the condition that the respondent pay the outstanding bonds to the Bond Centre. I have ordered the payment to be made by 30 April 2026.
- The file will be closed in the interim and will be re-opened upon request for the remaining issues to be heard – the applications for exemplary damages and for a restraining order, and costs.
- I have granted the respondent company interim name suppression pending the prosecution and trial scheduled for July 2027 Schedule of bonds to be paid by the respondent No. LandlordTenancy Address Bond amount per T/A Tenancy Start Date 1XXRm5-38 Waipa Street, Birkenhead$1,04028/07/2022 2XXRm2-38 Waipa Street, Birkenhead$1,09611/08/2022 3 XX12 Danube Lane, Glen Eden$2,10015/08/2022 4XXRm1-38 Waipa Street, Birkenhead$1,0408/08/2022 5XXRm4 -5 Willow Avenue, Birkenhead$1,2004/08/2022 6XX Rm1- 2145 Great North Road, Avondale $1,04015/08/2022 7XX 301B Blockhouse Bay Road, Avondale $1,80024/08/2022 Total: $9,316