What was Tenancy Tribunal case 5086548 about?

The tribunal order states: The application by the landlord for suppression of the tenant’s name and

How much money was awarded in case 5086548?

Rent Arrears: $10,225.15 awarded to landlord

What type of tenancy dispute was case 5086548?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5086548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11355364-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5086548 about?

The tribunal order states: The application by the landlord for suppression of the tenant’s name and

How much money was awarded in case 5086548?

Rent Arrears: $10,225.15 awarded to landlord

What type of tenancy dispute was case 5086548?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5086548?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11355364-Tenancy_Tribunal_Order.pdf.

4 Belfast Crescent, Kaiti, Gisborne 4010 Tenancy Tribunal Case 5086548 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 5086548 — net $10,033.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 January 2025	$10,225.15	Rent arrears to 27 January 2025
Net award	$10,033.15
Total payable by Tenant to Landlord	$10,033.15

The application by the landlord for suppression of the tenant’s name and identifying details is dismissed.

The tenancy of [The tenant/s] at 4 Belfast Crescent, Kaiti, Gisborne 4010 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.40am on Monday 27 January 2025.

The Bond Centre is to pay the bond of $192.00 (3079102-006) to Kāinga Ora– Homes And Communities immediately.

[The tenant/s] must pay Kāinga Ora–Homes And Communities $10,033.15 immediately, calculated as shown in the table below:

Reasons

Ms Karaka attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.

Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated: section 55(1)(a) Residential Tenancies Act 1986 (the Act).

The landlord provided rent records which prove the amount owing at the end of the tenancy. Suppression

The landlord applied for suppression of the tenant’s name and identifying details.

The starting point when considering whether the Tribunal should exercise its discretion in the tenant’s favour is the principle of open justice. The usual situation in law is that judicial proceedings are open unless the circumstances are exceptional: Victim X v Television New Zealand Ltd [2003] NZLR 220 at [20].

Section 95A(4) of the Act provides an exception to that general rule. It provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).

The tenant has not been wholly or substantially successful in the proceedings. However, section 95A(4) of the Act provides that the Tribunal may, having regard to the interests of the parties and the public interest, order that the name and identifying details of that party be suppressed.

Ms Karaka said that the landlord is seeking suppression to safeguard the ability of the tenant to find another tenancy. I fully accept that it is in the tenant’s interest that the decision is not published. Given the amount of arrears, which is the equivalent of almost a years’ rent, it may influence the decision of a potential future landlord to enter a tenancy agreement with the tenant. I am minded that the tenant did not attend and give any explanation as to why these arrears arose.

On the other side of the scale I must weigh the public interest. I consider that there is significant public interest in publication of the tenant’s name. The arrears are significant and no rent at all has been paid since August 2024. It is in my view in the public interest to be aware of the tenant’s rent history, and it is a particularly legitimate interest for future landlords.

Taking into consideration the parties’ interest and the public interest, I find the public interest considerations outweigh the parties’ interest considerations. I therefore decline the application for suppression of the tenant’s name and identifying details.

Claims and awards in Tenancy Tribunal application 5086548 — net $10,033.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 27 January 2025	$10,225.15	Rent arrears to 27 January 2025
Net award	$10,033.15
Total payable by Tenant to Landlord	$10,033.15

Order

The application by the landlord for suppression of the tenant’s name and identifying details is dismissed.
The tenancy of [The tenant/s] at 4 Belfast Crescent, Kaiti, Gisborne 4010 is terminated, and possession is granted to Kāinga Ora–Homes and Communities, at 11.40am on Monday 27 January 2025.
The Bond Centre is to pay the bond of $192.00 (3079102-006) to Kāinga Ora– Homes And Communities immediately.
[The tenant/s] must pay Kāinga Ora–Homes And Communities $10,033.15 immediately, calculated as shown in the table below:

Reasons

Ms Karaka attended the hearing for the landlord. The tenant was phoned on the number provided but the calls went to voicemail.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated: section 55(1)(a) Residential Tenancies Act 1986 (the Act).
The landlord provided rent records which prove the amount owing at the end of the tenancy. Suppression
The landlord applied for suppression of the tenant’s name and identifying details.
The starting point when considering whether the Tribunal should exercise its discretion in the tenant’s favour is the principle of open justice. The usual situation in law is that judicial proceedings are open unless the circumstances are exceptional: Victim X v Television New Zealand Ltd [2003] NZLR 220 at [20].
Section 95A(4) of the Act provides an exception to that general rule. It provides that the Tribunal must, on the application of a party who has been wholly or substantially successful in the proceedings, order that the party’s name or identifying particulars not be published (unless the limited circumstances set out in the section apply).
The tenant has not been wholly or substantially successful in the proceedings. However, section 95A(4) of the Act provides that the Tribunal may, having regard to the interests of the parties and the public interest, order that the name and identifying details of that party be suppressed.
Ms Karaka said that the landlord is seeking suppression to safeguard the ability of the tenant to find another tenancy. I fully accept that it is in the tenant’s interest that the decision is not published. Given the amount of arrears, which is the equivalent of almost a years’ rent, it may influence the decision of a potential future landlord to enter a tenancy agreement with the tenant. I am minded that the tenant did not attend and give any explanation as to why these arrears arose.
On the other side of the scale I must weigh the public interest. I consider that there is significant public interest in publication of the tenant’s name. The arrears are significant and no rent at all has been paid since August 2024. It is in my view in the public interest to be aware of the tenant’s rent history, and it is a particularly legitimate interest for future landlords.
Taking into consideration the parties’ interest and the public interest, I find the public interest considerations outweigh the parties’ interest considerations. I therefore decline the application for suppression of the tenant’s name and identifying details.

Tenancy Tribunal case 5086548 — Rent arrears at 4 Belfast Crescent, Kaiti, Gisborne 4010

At a glance

Tenancy Tribunal case 5086548 — Rent arrears at 4 Belfast Crescent, Kaiti, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions