What was Tenancy Tribunal case 5022467 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 6, 352 Barbadoes Street,

How much money was awarded in case 5022467?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5022467?

The dispute type was not classified.

Where can I read the official tribunal order for case 5022467?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11068025-Tribunal_Order.pdf.

What was Tenancy Tribunal case 5022467 about?

The tribunal order states: The tenancy of [The tenant/s] at Unit/Flat Unit 6, 352 Barbadoes Street,

How much money was awarded in case 5022467?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5022467?

The dispute type was not classified.

Where can I read the official tribunal order for case 5022467?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11068025-Tribunal_Order.pdf.

Unit/Flat Unit 6, 352 Barbadoes Street, Christchurch Tenancy Tribunal Case 5022467 — Tenancy dispute

Order

The tenancy of [The tenant/s] at Unit/Flat Unit 6, 352 Barbadoes Street, Christchurch Central, Christchurch 8011 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 3pm on Tuesday, 12 November 2024.

Reasons

Both parties attended a hearing on 23 October 2024. The hearing was adjourned to allow the tenant an opportunity to review the application and to obtain advice or support.
The hearing was reconvened today. A representative of the landlord attended but the tenant did not.
The landlord has applied for termination of the tenancy on the basis that the premises are contaminated by methamphetamine. See s59 Residential Tenancies Act 1986. 1 1 Section 59B is not relevant to this application. While s138C Residential Tenancies Act 1986 provides for regulations to be made prescribing the maximum acceptable level for contaminants, as
The premises were tested for methamphetamine contamination in July 2024. The test report records methamphetamine levels as follows: a. Hallway - 19μg/100cm 2 b. Bedroom 1 – 42.2 μg/100cm 2 c. Bathroom – 32.3 μg/100cm 2 d. Kitchen – 23.4 μg/100cm 2 e. Living Room – 4.35 μg/100cm 2 f. Heat Pump – 0.41 μg/100cm 2 g. Entry – 35.7 μg/100cm 2
The report records that decontamination is required and that the property should be vacated until that has occurred.
The landlord issued the tenant with a 7 day notice to terminate the tenancy under s59 on 19 July 2024. The tenant has refused to move. She has been offered four alternative properties by the landlord but has not accepted any of those.
In Heath v Hunt [2022] NZTT 4329119 the Tribunal considered termination under s59 where there were high methamphetamine readings and noted:
In 2017 Standards New Zealand released Standard NZS 8510:2017 “Testing and decontamination of methamphetamine-contaminated properties”. The Standard confirmed that decontamination of methamphetamine contaminated premises was required for levels detected over 1.5 μg/100 cm2. The Standard states: After seeking expert advice on exposure risk from Environmental Science and Research Ltd (ESR) and the Ministry of Health, and reviewing a large number of public comments on a draft of this standard, the committee has decided to set the maximum acceptable level of methamphetamine in an affected property at 1.5 μg/100 cm2 after decontamination While this level is greater than the Ministry of Health 2010 guideline value of 0.5 μg/100 cm2 for properties used as clandestine laboratories, there are a number of reasons why the committee decided to adopt the single value of 1.5 μg/100 cm2 in this standard.
In short, this standard confirmed that the level at which habitation of residential premises was considered safe, was a level of 1.5 μg/100 cm2. The expectation on landlords arising from this Standard, was to remediate premises contaminated with methamphetamine, to a level of less than 1.5 μg/100 cm2.
In more recent times, the Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption (Report entitled ‘Methamphetamine contamination in residential properties: yet no regulations have been made in relation to methamphetamine. So, this application has been made ad determined under s59 RTA. Exposures, risk levels, and interpretation of standards’, 29 May 2018). The report concluded that any levels below 15 μg/100 cm2 were unlikely to present adverse effects: Taken together, these factors indicate that methamphetamine levels that exceed the NZS 8510:2017 clean-up standard of 1.5 μg/100 cm2 should not be regarded as signalling a health risk. Indeed, exposure to methamphetamine levels below 15 μg/100 cm2 would be unlikely to give rise to any adverse effects. This level still incorporates a 30-fold safety buffer on a conservative estimate of risk.
As it relates to this case, 8 areas in the premises have been sampled for methamphetamine, and all samples are above the New Zealand Standard level, and two samples are above the level set by Professor Sir Peter Gluckman.
There is no doubt that his premises are significantly methamphetamine contaminated and required decontamination. I find that the premises are uninhabitable, and a termination must be ordered under section 59 of the Residential Tenancies Act 1986. In the circumstances, and given the levels of methamphetamine detected, it is reasonable to order that termination be immediate.”
In this case 7 areas have been sampled; 6 of those are above the New Zealand Standard level ad 5 are above the level set by Professor Sir Peter Gluckman. The highest reading is 42.2 μg/100cm 2.
I find that the premises are uninhabitable, and termination must be ordered.

Reasons

Both parties attended a hearing on 23 October 2024. The hearing was adjourned to allow the tenant an opportunity to review the application and to obtain advice or support.

The hearing was reconvened today. A representative of the landlord attended but the tenant did not.

The landlord has applied for termination of the tenancy on the basis that the premises are contaminated by methamphetamine. See s59 Residential Tenancies Act 1986. 1 1 Section 59B is not relevant to this application. While s138C Residential Tenancies Act 1986 provides for regulations to be made prescribing the maximum acceptable level for contaminants, as

The premises were tested for methamphetamine contamination in July 2024. The test report records methamphetamine levels as follows: a. Hallway - 19μg/100cm 2 b. Bedroom 1 – 42.2 μg/100cm 2 c. Bathroom – 32.3 μg/100cm 2 d. Kitchen – 23.4 μg/100cm 2 e. Living Room – 4.35 μg/100cm 2 f. Heat Pump – 0.41 μg/100cm 2 g. Entry – 35.7 μg/100cm 2

The report records that decontamination is required and that the property should be vacated until that has occurred.

The landlord issued the tenant with a 7 day notice to terminate the tenancy under s59 on 19 July 2024. The tenant has refused to move. She has been offered four alternative properties by the landlord but has not accepted any of those.

In Heath v Hunt [2022] NZTT 4329119 the Tribunal considered termination under s59 where there were high methamphetamine readings and noted:

In 2017 Standards New Zealand released Standard NZS 8510:2017 “Testing and decontamination of methamphetamine-contaminated properties”. The Standard confirmed that decontamination of methamphetamine contaminated premises was required for levels detected over 1.5 μg/100 cm2. The Standard states: After seeking expert advice on exposure risk from Environmental Science and Research Ltd (ESR) and the Ministry of Health, and reviewing a large number of public comments on a draft of this standard, the committee has decided to set the maximum acceptable level of methamphetamine in an affected property at 1.5 μg/100 cm2 after decontamination While this level is greater than the Ministry of Health 2010 guideline value of 0.5 μg/100 cm2 for properties used as clandestine laboratories, there are a number of reasons why the committee decided to adopt the single value of 1.5 μg/100 cm2 in this standard.

In short, this standard confirmed that the level at which habitation of residential premises was considered safe, was a level of 1.5 μg/100 cm2. The expectation on landlords arising from this Standard, was to remediate premises contaminated with methamphetamine, to a level of less than 1.5 μg/100 cm2.

In more recent times, the Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption (Report entitled ‘Methamphetamine contamination in residential properties: yet no regulations have been made in relation to methamphetamine. So, this application has been made ad determined under s59 RTA. Exposures, risk levels, and interpretation of standards’, 29 May 2018). The report concluded that any levels below 15 μg/100 cm2 were unlikely to present adverse effects: Taken together, these factors indicate that methamphetamine levels that exceed the NZS 8510:2017 clean-up standard of 1.5 μg/100 cm2 should not be regarded as signalling a health risk. Indeed, exposure to methamphetamine levels below 15 μg/100 cm2 would be unlikely to give rise to any adverse effects. This level still incorporates a 30-fold safety buffer on a conservative estimate of risk.

As it relates to this case, 8 areas in the premises have been sampled for methamphetamine, and all samples are above the New Zealand Standard level, and two samples are above the level set by Professor Sir Peter Gluckman.

There is no doubt that his premises are significantly methamphetamine contaminated and required decontamination. I find that the premises are uninhabitable, and a termination must be ordered under section 59 of the Residential Tenancies Act 1986. In the circumstances, and given the levels of methamphetamine detected, it is reasonable to order that termination be immediate.”

In this case 7 areas have been sampled; 6 of those are above the New Zealand Standard level ad 5 are above the level set by Professor Sir Peter Gluckman. The highest reading is 42.2 μg/100cm 2.

I find that the premises are uninhabitable, and termination must be ordered.

Tenancy Tribunal case 5022467 — Tenancy dispute at Unit/Flat Unit 6, 352 Barbadoes Street, Christchurch

At a glance

Claims & awards

Tenancy Tribunal case 5022467 — Tenancy dispute at Unit/Flat Unit 6, 352 Barbadoes Street, Christchurch

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions