What was the outcome of Tenancy Tribunal case 4957593?

The tribunal order states: The tenancy of Joyce H Symons at 20A Spenser Road, Enderley, Hamilton 3214

How much money was awarded in case 4957593?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4957593?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4957593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10875032-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4957593?

The tribunal order states: The tenancy of Joyce H Symons at 20A Spenser Road, Enderley, Hamilton 3214

How much money was awarded in case 4957593?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4957593?

The primary dispute was Rent arrears. Related themes: 14-day notice.

Where can I read the official tribunal order for case 4957593?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10875032-Tenancy_Tribunal_Order.pdf.

20A Spenser Road, Enderley, Hamilton 3214 Tenancy Tribunal Case 4957593 — Rent arrears

Order

The tenancy of Joyce H Symons at 20A Spenser Road, Enderley, Hamilton 3214 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at midnight on 25 September 2024.
Joyce H Symons must pay Kāinga Ora–Homes and Communities $15,196.50 immediately, being rent arrears to 25 September 2024.
The application by the landlord for name suppression of the tenant is decined.

Reasons

Only the landlord attended the hearing.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord had initially sought a conditional termination. The landlord requested an order that the tenancy to be terminated in one week if the arrears were not paid.
There was no information before me of the tenant’s ability to pay any part of the arrears, much less the full amount. There was no evidence before me that the tenant would not repeat the breach.
Accordingly, I decline the application for a conditional termination.
The landlord alternatively applies for an immediate termination.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated, as ordered above. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord has produced adequate records that prove the amount owing for rent as ordered above. Application for name suppression of the tenant
The landlord applies for name suppression of the tenant.
Section 95A(4) of the Residential Tenancies Act 1986 provides: The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
I cannot do better to summarise the relevant law that applies by referring to the very well written decision of Adjudicator Woodhouse in Kainga Ora v Rangitakatu. 1
Adjudicator Woodhouse commenced his decision in that case by observing that: 2 There is a statutory expectation in the Residential Tenancies Act 1986 (RTA) that decisions of the Tenancy Tribunal are published on an internet site as soon as practicable, unless there is good reason not to publish. 3 In 2020 Parliament introduced changes to the RTA to provide an ability for the Tribunal to order name suppression, with the new suppression provision introduced at section 95A. 4
To set the scene, he then traversed the history of s 95A and the general law regarding name suppression, noting the principle of open justice, a principle which dictates that there should be no restriction on publication of information about a case “except in very special circumstances”. 5
He referred to the High Court decision of Lewis v Wilson & Horton, 6 where the Court confirmed the question then becomes whether the facts in the case are sufficient to displace the presumption of open reporting, so as to support name suppression. He then referred to G v Attorney General, 7 where Hansen J described name suppression in civil cases as “rare”.

Should name suppression be ordered in favour of the tenant?

1 [2021] NZTT Porirua 4309535 2 At [6] and [7] 3 Residential Tenancies Act 1986, Section 115B. 4 Residential Tenancies Amendment Act 2020. 5 See Victim X v Television New Zealand Ltd 1973 NZLR 220. 6 [2000] 3 NZLR 546 7 High Court Dunedin, CP 57/96 15.4.99

The question is whether, having regard to the interests of the parties and to the public interest, I should order that the name of the tenant not be published.
The tenant herself has not sought name suppression.
No reasons in support of the request for name suppression have been offered, other than the basic request for name suppression to be ordered and the submission that to publish the tenant’s name may jeopardise her future tenancies.
I am not satisfied that in this case, this would be enough in and of itself.
There is a public interest in publication of orders where a party has not paid a debt. The tenant in this case has not even appeared to challenge this debt. She must therefore accept she owes it. She may well not be bothered about name suppression.
Further, the amount owing is large.
There is nothing that has been placed before me that would convince me that in this case, having regard to the interests of the parties and to the public interest, the name of the tenant should not be published. The application for name suppression is declined.

Order

The tenancy of Joyce H Symons at 20A Spenser Road, Enderley, Hamilton 3214 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at midnight on 25 September 2024.
Joyce H Symons must pay Kāinga Ora–Homes and Communities $15,196.50 immediately, being rent arrears to 25 September 2024.
The application by the landlord for name suppression of the tenant is decined.

Reasons

Only the landlord attended the hearing.
The landlord has applied for termination of the tenancy and rent arrears.
The landlord had initially sought a conditional termination. The landlord requested an order that the tenancy to be terminated in one week if the arrears were not paid.
There was no information before me of the tenant’s ability to pay any part of the arrears, much less the full amount. There was no evidence before me that the tenant would not repeat the breach.
Accordingly, I decline the application for a conditional termination.
The landlord alternatively applies for an immediate termination.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated, as ordered above. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord has produced adequate records that prove the amount owing for rent as ordered above. Application for name suppression of the tenant
The landlord applies for name suppression of the tenant.
Section 95A(4) of the Residential Tenancies Act 1986 provides: The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
I cannot do better to summarise the relevant law that applies by referring to the very well written decision of Adjudicator Woodhouse in Kainga Ora v Rangitakatu. 1
Adjudicator Woodhouse commenced his decision in that case by observing that: 2 There is a statutory expectation in the Residential Tenancies Act 1986 (RTA) that decisions of the Tenancy Tribunal are published on an internet site as soon as practicable, unless there is good reason not to publish. 3 In 2020 Parliament introduced changes to the RTA to provide an ability for the Tribunal to order name suppression, with the new suppression provision introduced at section 95A. 4
To set the scene, he then traversed the history of s 95A and the general law regarding name suppression, noting the principle of open justice, a principle which dictates that there should be no restriction on publication of information about a case “except in very special circumstances”. 5
He referred to the High Court decision of Lewis v Wilson & Horton, 6 where the Court confirmed the question then becomes whether the facts in the case are sufficient to displace the presumption of open reporting, so as to support name suppression. He then referred to G v Attorney General, 7 where Hansen J described name suppression in civil cases as “rare”.

Should name suppression be ordered in favour of the tenant?

The question is whether, having regard to the interests of the parties and to the public interest, I should order that the name of the tenant not be published.
The tenant herself has not sought name suppression.
No reasons in support of the request for name suppression have been offered, other than the basic request for name suppression to be ordered and the submission that to publish the tenant’s name may jeopardise her future tenancies.
I am not satisfied that in this case, this would be enough in and of itself.
There is a public interest in publication of orders where a party has not paid a debt. The tenant in this case has not even appeared to challenge this debt. She must therefore accept she owes it. She may well not be bothered about name suppression.
Further, the amount owing is large.
There is nothing that has been placed before me that would convince me that in this case, having regard to the interests of the parties and to the public interest, the name of the tenant should not be published. The application for name suppression is declined.

Tenancy Tribunal case 4957593 — Rent arrears at 20A Spenser Road, Enderley, Hamilton 3214

At a glance

Tenancy Tribunal case 4957593 — Rent arrears at 20A Spenser Road, Enderley, Hamilton 3214

At a glance

Claims & awards

Order

Reasons

Should name suppression be ordered in favour of the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should name suppression be ordered in favour of the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions