What was Tenancy Tribunal case 5026352 about?

The tribunal order states: The application of Rob Coe is struck out.

How much money was awarded in case 5026352?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5026352?

The primary dispute was Leaks. Related themes: Harassment.

Where can I read the official tribunal order for case 5026352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11844142-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5026352 about?

The tribunal order states: The application of Rob Coe is struck out.

How much money was awarded in case 5026352?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5026352?

The primary dispute was Leaks. Related themes: Harassment.

Where can I read the official tribunal order for case 5026352?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11844142-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5026352 — Leaks

Order

The application of Rob Coe is struck out.
The Tribunal orders suppression of the landlord’s name and identifying details. Background
Only the landlord attended the hearing. The landlord was represented by Counsel, [The landlord’s representative/s].
Mr Coe did not appear at the time notified in the Notice of Hearing. On the morning of the hearing, close to the start time of 9.30 am, he advised the Tribunal he would be there at about 10.30. I return to this below.
The tenancy in this matter came to an end on 24 December 2024. Mr Coe was the tenant.
He filed a broad ranging claim with the Tribunal in which he described his claim as follows: 1 Bullying. Assault. Threats, Falsification of documents with intent for extortion of tenant (by 2 entities- 5 people). Spy Games in retaliation. Refusal to provide Potable water for 4 years.Retaliatory Termination. 5.5 weeks without any running water during April & September 2024. I was bullied after finding landlords evidence that they werefalsifying documentation to extort money from tenant for unenforcable additional 1 This has been copied and pasted directly from his application. Spelling errors are not highlighted. clause of water tank refil when on both occasions the root cause was proven to be water collection faults (broken infrastructure). A standoff ensued, bullying from the landlord and agency trying to send tanks of water while in dispute causing me to physically lock gate to prevent it. Then they tried to bill me and refused to acknowledge fault but instead abused me, threatened me, i faught using the law but they jusy got more forceful &serious. I have evidence of both entities knowingly falsifying records after major water infrastructure faults were identified &fixed with intent to avoid responsibility for faulty maintenance and the cost to repair being the landlords to state it is the tenants responsibility. The dispute escalated and lasted weeks. I was bullied and had a nervous vbreakdown, reported it to police, tribunal, doctor,, lost 2 jobs & was hospitalised where I was treated for [redacted]. Then I advised [Property Management Company] that I wouldnt report it if they agreed to prove to me their illegal extor tion operating procedure is adressed and ended. But the earlier fix caused another leak which they refused to acknowledge fix or adress and even instructed & coerced their tradesperson to not look for, identify, locate or report any leaking that would prove my claim. But I found the leak and this second episode of the same attem pt of both landlord &agency collusion in extortion started again. When I said NO, I was immediately terminated in retaliation. I have a list of charges which I spent 4 years gathering digital forensics supporting the claims I make. some are tenancy claims but others are criminal and human rights violations. I cannot allow this m isconduct to continue. I do not care if I get nothing and am left homeless. All I want is this stopped so Im not responsible for going through all this trauma thats set me back for nothing. Ive worked hard to prove and u ncover an active operation of victim targeting by a group of dangerous opportunists & they must be stopped. This isnt exaggerated and all is backed by evidence. Lying, Illegal record creation, employment of [Property Management Company] to support extortion, more than once. Threatening, sca ring, intimidating and holding me hostageto water supply knowing that they are responsible but they had more power to make me pay and submit to their demands even though I uncovered damning evidence and used it to negotiate better behaviour. That was ignored and I was terminated for pointing out their legal breached and suggesting a tribunal lodgement. I was almost destroyed by intense pressure and dangerous forceful actions t hat ensued when I challenged all parties rights and obligations persuant to the tenancy act 1986 that put me In hospital. Documentation supplied upon request because I have 5GBs of it and its still undergoing steamlining for optimal presentation for each breach of each act or legislative domain. These violations consist of multiple instances across multiple entities used for multiple applications and repeated attempts. This is no joke. This will set a new benchmark. Initial reports suggest these crimes will set a new precedent in illegal Agency & Landlord criminal activity if proven. I can absolutely prove them. Because I was ready for them before they even eventuated. Why? I was ready and waiting for them when the alarm bells warned me these tricks were active in this contract too, as its been in others. So Its now a 4 year, 5GB claim that wants them prosecuted to the full extent to prevent further victims from the hurt Ive had to endure. And I want them punished and stopped as a priority. Im not motivated by revenge, recompense or anger. Thats why this is so significant in claim, scope and digital forensic evidential proof. Because I did it for the greater good. Not for me. Criminal charges to be laid for threats, bullying, extortion, falsifying documents for their or anothers gain, wherever and whatever and however things need to be allocated and persued to ensure justice prevails. Ive been told to request this by tenancy Services, the Police and [redacted] from MBE RTA investigations team. Its not my ieada. The application of Justice as described in law is an essential outcome here. Case management conference
After the application was filed, a case management conference was set down. Mr Coe’s claim was broad ranging, not particularised and no corroborating information had been supplied to the Tribunal.
That case management conference took place on 13 January 2025.
After discussions with the parties at the case management conference, I was able to extract the basis of the claim as follows: a) The condition of the water tank meant the tenant could never use any of the water collected and he had to obtain his own water throughout the tenant. He claims he asked the landlord for it to be cleaned and maintained but that the landlord did not do so. 2 b) Breach of the obligation of quiet enjoyment as a result of allegedly bullying and abusive conduct by the landlord to the tenant throughout the tenancy. c) A retaliatory termination notice was issued on 23 September 2024 after Mr Coe complained about the condition of the water tank.
Directions were made for Mr Coe to file and serve a chronology setting out all key events relevant to the matters in issue, in date order. He was also directed to file and serve the corroborating evidence on which he relied, such as emails, photographs and the like. He was requested to supply this documentation within two months of the date of the case management conference.
This would then allow the landlord the opportunity to understand the basis of the claim prior to any hearing.
In my directions, I reminded the parties that: A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities that their version of events took place. Independent witnesses, corroborating documents and photographs can be an important part of discharging this burden of proof. The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. In that case, Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” 2 Breach of the landlord’s obligations under s 45 of the Residential Tenancies Act 1986 Non-appearance of Mr Coe, failure to comply with directions and application to strike out
Mr Coe did not comply with the directions to provide further information as noted above. This resulted in the landlord filing an application to strike out the claim on 17 April 2025. The landlord wanted me to deal with that application on the papers at the time but I declined to do so in the absence of hearing from Mr Coe, which I intended to do today.
The strike out application was therefore listed before me at the hearing today.
As noted above, the hearing was due to start at 9.30.
At around 9.30 am, Mr Coe advised the Tribunal that he was about an hour away and then later confirmed he would be at the Tribunal at 10.30. He also emailed through a document called “Phase 1” and various attachments but did not send these to the landlord. The “Phase 1” document at least provides some more particularisation of the claim but again included broad ranging allegations. It is not a chronology of events as was directed. At the end, it makes reference to a “Phase 2” to come, but that is not provided.
The landlord was entitled to know what the claim was about prior to the hearing so that it could prepare its response. This scant information has come late, does not comply with what was requested, is incomplete and was not provided to the landlord before the hearing. The application to strike out
Section 92A of the Residential Tenancies Act 1986 gives the Tribunal the power to strike out a proceeding if the Tribunal is satisfied that it is an abuse of process. It provides:
I grant the application to strike out. This is because: a. I am satisfied that the failure to supply the requested information is prejudicial to the landlord, who did not receive it prior to the hearing (or at all). Further, the information provided does not comply with the directions and is incomplete. b. I am satisfied that the failure to appear at the requested time was likely to result in delay because of the potential for the hearing not to complete in time or the landlord to seek an adjournment. c. I consider the failure to comply with the Tribunal’s directions, combined with the information provided to the Tribunal on the morning of the hearing, shows a degree of contempt towards the Tribunal. I note that the meta data taken from the “Phase 1” document shows it was prepared at about 4.30 am this morning. Mr Coe appears to have left it to the very last minute to even begin preparing for this matter. He was given plenty of time to provide the requested information and failed to do so. He has then taken a casual approach to getting himself to the hearing on time. d. I consider the application to be vexatious. The landlord submits that it attended to Mr Coe’s complaints about the water supply, it denies the allegations or harassment and says the notice to terminate was required because the premises to be entirely reclad.
The proceedings are therefore struck out. D Watson 14 May 2025

Tenancy Tribunal case 5026352 — Leaks

At a glance

Tenancy Tribunal case 5026352 — Leaks

At a glance

Claims & awards

Order

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Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

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Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions