What was Tenancy Tribunal case 5014208 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 5014208?

Property Damage: $1,700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5014208?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5014208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11141964-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5014208 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 5014208?

Property Damage: $1,700.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Property Damage: $2,000.00 awarded to landlord

What type of tenancy dispute was case 5014208?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5014208?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11141964-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5014208 — Property damage

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New Zealand Tenancy Tribunal Case 5014208 — Property damage | 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 5014208 — net $3,727.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages Landlord	$1,700.00	Exemplary damages Landlord
Tenant Methamphetamine de-contamination (insurance excess	$2,000.00	Tenant Methamphetamine de-contamination (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,727.00
Total payable by Tenant to Landlord	$3,727.00

Claims and awards for application 5014208 — net $3,727.00 NZD. Verify on MoJ.

Exemplary damages Landlord

Amount: $1,700.00
Awarded to: Landlord
Reason: Exemplary damages Landlord

Tenant Methamphetamine de-contamination (insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Tenant Methamphetamine de-contamination (insurance excess

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,727.00

Total payable by Tenant to Landlord

Landlord $3,727.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Molly Ruffle must pay [The landlord/s] $27.00 immediately, as calculated in table below:

Reasons

The landlord attended the hearing.
The landlord has claimed: a. That the tenant has damaged the property by contaminating the property with methamphetamine. b. That the tenant has used the property for an unlawful purpose – being the use of methamphetamine.
The landlord seeks both compensation for damage and exemplary damages in respect of the claimed breaches.
The tenancy commenced on 11 October 2023 and ended on 18 August 2024 (“the tenancy”).

Did the tenant damage the property by contaminating the property?

The landlord must show that the methamphetamine contamination occurred during the tenancy.
A pre-tenancy report dated 7 October 2023 has been provided that shows a negative methamphetamine result at the tenancy address.
A post-tenancy report carried out four days after the tenant vacated the premises showed the presence of methamphetamine in the house, and in particular the following readings: a. Kitchen – 183.00μg/100cm 2 b. Dining room – 98.70 μg /100cm 2 c. Bedroom one - 27.00 μg /100cm 2 d. Bedroom two – 57.50 μg /100cm 2 e. Hallway – 35.60 μg /100cm 2
The Tribunal accepts and applies District Court decisions where the level at which premises can be considered contaminated by methamphetamine is 15μg/100cm2. The Tribunal and the District Court have relied on the 2018 Professor Peter Gluckman report titled; “Methamphetamine contamination in residential properties: Exposure, risk levels and interpretations of standards” (“the Gluckman Report”), that also noted that levels of 30μg/100cm2 and above are considered by forensic experts to signify that manufacture is likely to have taken place.
I am satisfied that the methamphetamine contamination occurred during the tenancy caused by the actions of the tenant or by a person at the premises with the tenant’s consent.
The landlord holds insurance cover for the methamphetamine contamination with an excess of $2,500.00, however, $500.00 has been paid towards this from the bond and the landlord claims the remaining $2,000.00. Exemplary damages
It is an unlawful act for the tenant to use the premises, or to permit the premises to be used for an unlawful activity. 1 The Tenancy Tribunal can award exemplary damage of up to $1,800.00 for that unlawful act. Methamphetamine use is unlawful. 2 There are grounds for an award of exemplary damages.
In considering an award of exemplary damages, the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act; b. The effect of the unlawful act; c. The interests of the person against whom the act was committed; and d. The public interest.
The Tribunal’s usual approach to exemplary damages is to award one third of the maximum unless there are aggravating or mitigating factors in play. 4
The levels of methamphetamine at this tenancy are at the upper end of what the Tribunal has seen; based on the Gluckman Report, manufacture of methamphetamine is very likely; there was significant other damage and costs incurred by the landlord that they have not claimed; the decontamination process has been lengthy due to the extent of contamination and that has delayed any new tenancy.
Accordingly, I find it appropriate to award exemplary damages of $1,700.00.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 28 November 2024 1 Section 40(2)(b) RTA. 2 Misuse of Drugs Act 1975. 3 Section 109 RTA. 4 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281, 4374781.

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 5014208 — net $3,727.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Exemplary damages Landlord	$1,700.00	Exemplary damages Landlord
Tenant Methamphetamine de-contamination (insurance excess	$2,000.00	Tenant Methamphetamine de-contamination (insurance excess
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$3,727.00
Total payable by Tenant to Landlord	$3,727.00

Claims and awards for application 5014208 — net $3,727.00 NZD. Verify on MoJ.

Exemplary damages Landlord

Amount: $1,700.00
Awarded to: Landlord
Reason: Exemplary damages Landlord

Tenant Methamphetamine de-contamination (insurance excess

Amount: $2,000.00
Awarded to: Landlord
Reason: Tenant Methamphetamine de-contamination (insurance excess

Filing fee reimbursement

Amount: $27.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,727.00

Total payable by Tenant to Landlord

Landlord $3,727.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Property damage

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Molly Ruffle must pay [The landlord/s] $27.00 immediately, as calculated in table below:

Reasons

The landlord attended the hearing.
The landlord has claimed: a. That the tenant has damaged the property by contaminating the property with methamphetamine. b. That the tenant has used the property for an unlawful purpose – being the use of methamphetamine.
The landlord seeks both compensation for damage and exemplary damages in respect of the claimed breaches.
The tenancy commenced on 11 October 2023 and ended on 18 August 2024 (“the tenancy”).

Did the tenant damage the property by contaminating the property?

The landlord must show that the methamphetamine contamination occurred during the tenancy.
A pre-tenancy report dated 7 October 2023 has been provided that shows a negative methamphetamine result at the tenancy address.
A post-tenancy report carried out four days after the tenant vacated the premises showed the presence of methamphetamine in the house, and in particular the following readings: a. Kitchen – 183.00μg/100cm 2 b. Dining room – 98.70 μg /100cm 2 c. Bedroom one - 27.00 μg /100cm 2 d. Bedroom two – 57.50 μg /100cm 2 e. Hallway – 35.60 μg /100cm 2
The Tribunal accepts and applies District Court decisions where the level at which premises can be considered contaminated by methamphetamine is 15μg/100cm2. The Tribunal and the District Court have relied on the 2018 Professor Peter Gluckman report titled; “Methamphetamine contamination in residential properties: Exposure, risk levels and interpretations of standards” (“the Gluckman Report”), that also noted that levels of 30μg/100cm2 and above are considered by forensic experts to signify that manufacture is likely to have taken place.
I am satisfied that the methamphetamine contamination occurred during the tenancy caused by the actions of the tenant or by a person at the premises with the tenant’s consent.
The landlord holds insurance cover for the methamphetamine contamination with an excess of $2,500.00, however, $500.00 has been paid towards this from the bond and the landlord claims the remaining $2,000.00. Exemplary damages
It is an unlawful act for the tenant to use the premises, or to permit the premises to be used for an unlawful activity. 1 The Tenancy Tribunal can award exemplary damage of up to $1,800.00 for that unlawful act. Methamphetamine use is unlawful. 2 There are grounds for an award of exemplary damages.
In considering an award of exemplary damages, the Tribunal must have regard to: 3 a. The intention of the person who committed the unlawful act; b. The effect of the unlawful act; c. The interests of the person against whom the act was committed; and d. The public interest.
The Tribunal’s usual approach to exemplary damages is to award one third of the maximum unless there are aggravating or mitigating factors in play. 4
The levels of methamphetamine at this tenancy are at the upper end of what the Tribunal has seen; based on the Gluckman Report, manufacture of methamphetamine is very likely; there was significant other damage and costs incurred by the landlord that they have not claimed; the decontamination process has been lengthy due to the extent of contamination and that has delayed any new tenancy.
Accordingly, I find it appropriate to award exemplary damages of $1,700.00.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. R Harvey-Lane 28 November 2024 1 Section 40(2)(b) RTA. 2 Misuse of Drugs Act 1975. 3 Section 109 RTA. 4 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281, 4374781.

Tenancy Tribunal case 5014208 — Property damage

At a glance

Tenancy Tribunal case 5014208 — Property damage

At a glance

Award balance

Claims & awards

Order

Reasons

Did the tenant damage the property by contaminating the property?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the tenant damage the property by contaminating the property?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions