What was Tenancy Tribunal case 5099568 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 5099568?

Property Damage: $1,200.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5099568?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5099568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690043-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5099568 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 5099568?

Property Damage: $1,200.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5099568?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5099568?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11690043-Tribunal_Order_Redacted.pdf.

Flat 3, 2/24 West End Road, Herne Bay, Auckland 1022 Tenancy Tribunal Case 5099568 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 5099568 — net $5,017.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund of rent credit and bond	$3,790.00	Refund of rent credit and bond
Exemplary damages failing to lodge bond	$1,200.00	Exemplary damages failing to lodge bond
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,017.00
Total payable by Landlord to Tenant	$5,017.00

Both parties attended the first hearing of this tenant application for refund of the bond and exemplary damages. The landlord and her agent attended the second hearing. I telephoned the tenant twice, but the phone went to voicemail.

I have made orders based on the bank records supplied by both parties after the first hearing and oral evidence.

Evidence from both parties confirmed this tenancy started on 12 June 2025 and ended on 6 December 2025. Rent was negotiated to be $665.00 per week.

Bank records show:- a. the tenant paid $3,990.00 for bond and rent on 12 June 2025; and b. a total of $20,700.00 was paid by the tenant (rent and bond) during the term of the tenancy.

The rent payable for the full tenancy is $16,910.00 (12/06/2024 to 6/12/2024 at $665.00 per week).

This means the landlord owes the tenant $3,790.00. I have made this order. Failure to lodge the bond

The landlord accepts that the bond was not lodged with the Bond Centre and said this was an oversight.

The law requires a landlord to send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986 (RTA).

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. Section 19(2) and Schedule 1A RTA.

The landlord has committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.

I am satisfied the breach was intentional. The landlord says it was an oversight however the tenant made this application to the Tribunal for return of the bond on 6 December 2024. The landlord took no steps to do the right thing and either return the bond to her or lodge the bond immediately.

Also, I reviewed previous Tribunal orders after the hearing and discovered that the landlord has been guilty of this same oversight on a previous occasion. 1 I find that it is unlikely that the landlord’s director was not aware she had failed to lodge the bond.

This is an experienced landlord. Not only was the bond not lodged but the rent records were inaccurate. The payment made by the tenant for bond and two weeks’ rent in advance does not appear on the rent summary provided by the landlord. 1 Conrad Harrison Butler v Okahu Limited [2023] NZTT 4655212, 4702429

I find the landlord’s intent to be to retain control of the bond money without oversight by the Bond Centre and Tenancy Tribunal.

The effect of this has been that the tenant has not had the rightful use of her money for the four months since the tenancy ended. She had to make an application to have this returned.

Bond money belongs to a tenant. The interests of tenants are that bond money is held secure at the independent Bond Centre and only released to a landlord with the written consent of a tenant (on a bond refund form) or by order of the Tribunal after a landlord has proved it has a legitimate claim.

There is a public interest in this particularly where a landlord has breached the law in the same way more than once.

I award exemplary damages of $1,200.00. Landlord claims against the bond

The landlord mentioned possible claims against the bond at both the first and second hearings. However, no cross-application has been made and no evidence supplied.

A landlord who has a claim against a bond must file a formal application; s22B(2) RTA. Filing fee and suppression of names

The tenant has succeeded in her application so I award the filing fee and suppress her name.

Claims and awards in Tenancy Tribunal application 5099568 — net $5,017.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund of rent credit and bond	$3,790.00	Refund of rent credit and bond
Exemplary damages failing to lodge bond	$1,200.00	Exemplary damages failing to lodge bond
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,017.00
Total payable by Landlord to Tenant	$5,017.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Okahu Limited must pay [The tenant/s] $5,017.00 immediately, calculated as shown in the table below:

Reasons

Both parties attended the first hearing of this tenant application for refund of the bond and exemplary damages. The landlord and her agent attended the second hearing. I telephoned the tenant twice, but the phone went to voicemail.
I have made orders based on the bank records supplied by both parties after the first hearing and oral evidence.
Evidence from both parties confirmed this tenancy started on 12 June 2025 and ended on 6 December 2025. Rent was negotiated to be $665.00 per week.
Bank records show:- a. the tenant paid $3,990.00 for bond and rent on 12 June 2025; and b. a total of $20,700.00 was paid by the tenant (rent and bond) during the term of the tenancy.
The rent payable for the full tenancy is $16,910.00 (12/06/2024 to 6/12/2024 at $665.00 per week).
This means the landlord owes the tenant $3,790.00. I have made this order. Failure to lodge the bond
The landlord accepts that the bond was not lodged with the Bond Centre and said this was an oversight.
The law requires a landlord to send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986 (RTA).
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. Section 19(2) and Schedule 1A RTA.
The landlord has committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) RTA.
I am satisfied the breach was intentional. The landlord says it was an oversight however the tenant made this application to the Tribunal for return of the bond on 6 December 2024. The landlord took no steps to do the right thing and either return the bond to her or lodge the bond immediately.
Also, I reviewed previous Tribunal orders after the hearing and discovered that the landlord has been guilty of this same oversight on a previous occasion. 1 I find that it is unlikely that the landlord’s director was not aware she had failed to lodge the bond.
This is an experienced landlord. Not only was the bond not lodged but the rent records were inaccurate. The payment made by the tenant for bond and two weeks’ rent in advance does not appear on the rent summary provided by the landlord. 1 Conrad Harrison Butler v Okahu Limited [2023] NZTT 4655212, 4702429
I find the landlord’s intent to be to retain control of the bond money without oversight by the Bond Centre and Tenancy Tribunal.
The effect of this has been that the tenant has not had the rightful use of her money for the four months since the tenancy ended. She had to make an application to have this returned.
Bond money belongs to a tenant. The interests of tenants are that bond money is held secure at the independent Bond Centre and only released to a landlord with the written consent of a tenant (on a bond refund form) or by order of the Tribunal after a landlord has proved it has a legitimate claim.
There is a public interest in this particularly where a landlord has breached the law in the same way more than once.
I award exemplary damages of $1,200.00. Landlord claims against the bond
The landlord mentioned possible claims against the bond at both the first and second hearings. However, no cross-application has been made and no evidence supplied.
A landlord who has a claim against a bond must file a formal application; s22B(2) RTA. Filing fee and suppression of names
The tenant has succeeded in her application so I award the filing fee and suppress her name.

Tenancy Tribunal case 5099568 — Exemplary damages at Flat 3, 2/24 West End Road, Herne Bay, Auckland 1022

At a glance

Tenancy Tribunal case 5099568 — Exemplary damages at Flat 3, 2/24 West End Road, Herne Bay, Auckland 1022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions