What was Tenancy Tribunal case 5171851 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 5171851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $964.29 awarded to landlord

What type of tenancy dispute was case 5171851?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5171851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11564035-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5171851 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 5171851?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $964.29 awarded to landlord

What type of tenancy dispute was case 5171851?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5171851?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11564035-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5171851 — Rent arrears

Claims and awards in Tenancy Tribunal application 5171851 — net $991.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12.3.25	$964.29	Rent arrears to 12.3.25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$991.29
Total payable by Tenant to Landlord	$991.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm today, Wednesday 12 March 2025.
[The tenant/s] must pay [The landlord/s] $991.29 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by telephone conference. The Tribunal telephoned the tenant for the hearing, but the calls disconnected. The tenant was advised in the notice of hearing that the Tribunal would call him for the hearing on the cell phone number provided in the application. If the number was incorrect he was advised to provide his correct number to Tenancy Services. I am satisfied that the tenant received notice of the hearing; did not advise of any updated telephone number and chose not to attend.
The landlord has applied for termination of the tenancy and rent arrears. The application is advanced on two grounds: for rent arrears and for threatened assault. I have considered both grounds and find that they are both satisfied. Termination for rent arrears
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy. Termination for threatened assault against a member of the landlord’s family
Section 55(1)(c) RTA states that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted, or has threatened to assault, certain classes of persons including: the landlord or any member of the landlord’s family; or any neighbour of the premises or of any building of which the premises constitute a part.
The tenant has rented the premises for the last ten years. The landlord also owns the house next door used by her and her family as a holiday home and sometimes let for Airbnb guests. The landlord and her family report that they know the tenant well and that up until recently they would describe him as a lovely man with a gentle nature. However, they report that his behaviour has changed recently, and they are concerned for his welfare as well as their own.
The landlord provided evidence (including various witness statements). The evidence establishes that on 20 January 2025, the tenant entered the neighbouring property owned by the landlord unlawfully, while it was occupied by the landlord’s granddaughter (S) and two of her friends. The tenant entered at approximately 8am and the occupants were still dozing in their beds. Prior to this, one of the occupants heard him chanting, swearing, and shouting aggressively outside the house. The tenant walked around the lounge behaving oddly and saying this was his house. S heard his voice and as she got up and went to open her bedroom door, the tenant pushed past into her room which was still dark from the curtains being drawn. She asked the tenant to go into the kitchen and she then called her mother (M). He did not move. M advised her daughter and friends to get out of the house immediately and called the police. Before leaving, S went back to her room. She could see that the tenant had closed the bedroom door. S opened the door. The tenant was standing by a chest of drawers beckoning and said “S...I need you to come here.” S was extremely frightened but calmy told him to go into the kitchen and advised that she was going out for coffee . S and her friends ran out of the house. She later saw two Police cars speeding to the property.
The Police arrested the tenant and later accompanied S and her friends back to the property to ask them questions. The Police had found a large machete and a gutting knife on the chest of drawers in the room S was occupying. The landlord, M and S confirmed that the knives do not belong to any of them and nor were they stored at the property. On the evidence, I find it likely that the tenant took the knives to the premises either when he first entered or after S and her friends left but before the Police arrived. S did not notice the tenant carrying any weapons when he entered her room but wonders if he had them under his clothing. She fears that he may’ve intended to harm her or the other occupants and that by having knives on him and leaving them on her chest of drawers amounts to a threat of assault.
Police evidence confirms that they have charged the tenant with injuring with intent to injure a Police officer and being unlawfully in a building. Those charges are pending.
The issue to determine is whether there is a threatened assault that would justify a termination order under s55(1)(c) RTA.
Justice Keane commented in Collins v Housing New Zealand, High Court, 2004 CIV -409-717 Christchurch, that to threaten to assault means just what it says: it is an expression of intent to do harm to another person by use of force. The fact of the threat can be enough. Even under the criminal law, there is no need to intend to act on the threat, or to have the capacity to act on it; or that it be to, or be passed on to, the person to whom the threat relates. He also said that under the criminal law what must be proved is the intent that the threat be taken seriously by the person to whom it is made. How far that applies under the RTA is another question. The intent of section 55(1)(c) is to protect the classes of persons referred to such as the landlord, the landlord’s family, or neighbours of the tenanted premises. In this context, the fact of a threat is enough.
The tenants actions in unlawfully entering the premises with two large knives is an act that strongly indicates a threat to do harm to those in occupation. The fact that the tenant was charged with assaulting Police during the incident is a factor that might also support that conclusion.
After reviewing all the evidence and the applicable law, I am satisfied for the purpose of s55(1)(c) that there is sufficient proof that the tenant threatened to assault S and her friends so that there are grounds to terminate the tenancy.
The next issue is whether there is reason to refuse to terminate the tenancy under section 55(2) RTA. Under that section, the Tribunal may refuse to make an order if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy); the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach.
A threat once made cannot be remedied. However, that does not prevent me from considering the remaining two issues. Compensation for any loss suffered is not a relevant question here, which leaves the last issue: Is the tenant likely to be threatening again?
The tenant returned to the premises following his arrest and charges being laid. Further evidence from another family member who stayed at the family house next door to the premises recently is that the tenant’s behaviour has continued to be erratic and concerning. More importantly, he has not acknowledged the incident nor apologised to the landlord or her family. After listening to the parties and reviewing the evidence, I am not satisfied that the tenant will not behave in a threatening manner again. It follows that there is no reason to refuse to make the termination order.
I am suppressing the tenant’s name and identifying details because the order discloses information concerning criminal charges pending against him. The Tribunal is not certain whether the tenant may be subject to name suppression for the criminal charges laid. There is also an indication that the tenant may have mental health concerns and it would not be in the Public interest to identify him as it may be prejudicial to his health and well-being.
I am also suppressing the landlord’s name and identifying details which I consider is also necessary to protect the tenant’s identity because disclosure of the landlord’s details and tenancy address might enable the tenant to be identified.

Claims and awards in Tenancy Tribunal application 5171851 — net $991.29 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12.3.25	$964.29	Rent arrears to 12.3.25
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$991.29
Total payable by Tenant to Landlord	$991.29

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant and Landlord name and identifying details.
The tenancy of [The tenant/s] at [Tenancy address suppressed] is terminated, and possession is granted to [The landlord/s], at 11.59pm today, Wednesday 12 March 2025.
[The tenant/s] must pay [The landlord/s] $991.29 immediately, calculated as shown in the table below:

Reasons

The landlord attended the hearing by telephone conference. The Tribunal telephoned the tenant for the hearing, but the calls disconnected. The tenant was advised in the notice of hearing that the Tribunal would call him for the hearing on the cell phone number provided in the application. If the number was incorrect he was advised to provide his correct number to Tenancy Services. I am satisfied that the tenant received notice of the hearing; did not advise of any updated telephone number and chose not to attend.
The landlord has applied for termination of the tenancy and rent arrears. The application is advanced on two grounds: for rent arrears and for threatened assault. I have considered both grounds and find that they are both satisfied. Termination for rent arrears
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986 (RTA).
The landlord provided rent records which prove the amount owing at the end of the tenancy. Termination for threatened assault against a member of the landlord’s family
Section 55(1)(c) RTA states that the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that the tenant has assaulted, or has threatened to assault, certain classes of persons including: the landlord or any member of the landlord’s family; or any neighbour of the premises or of any building of which the premises constitute a part.
The tenant has rented the premises for the last ten years. The landlord also owns the house next door used by her and her family as a holiday home and sometimes let for Airbnb guests. The landlord and her family report that they know the tenant well and that up until recently they would describe him as a lovely man with a gentle nature. However, they report that his behaviour has changed recently, and they are concerned for his welfare as well as their own.
The landlord provided evidence (including various witness statements). The evidence establishes that on 20 January 2025, the tenant entered the neighbouring property owned by the landlord unlawfully, while it was occupied by the landlord’s granddaughter (S) and two of her friends. The tenant entered at approximately 8am and the occupants were still dozing in their beds. Prior to this, one of the occupants heard him chanting, swearing, and shouting aggressively outside the house. The tenant walked around the lounge behaving oddly and saying this was his house. S heard his voice and as she got up and went to open her bedroom door, the tenant pushed past into her room which was still dark from the curtains being drawn. She asked the tenant to go into the kitchen and she then called her mother (M). He did not move. M advised her daughter and friends to get out of the house immediately and called the police. Before leaving, S went back to her room. She could see that the tenant had closed the bedroom door. S opened the door. The tenant was standing by a chest of drawers beckoning and said “S...I need you to come here.” S was extremely frightened but calmy told him to go into the kitchen and advised that she was going out for coffee . S and her friends ran out of the house. She later saw two Police cars speeding to the property.
The Police arrested the tenant and later accompanied S and her friends back to the property to ask them questions. The Police had found a large machete and a gutting knife on the chest of drawers in the room S was occupying. The landlord, M and S confirmed that the knives do not belong to any of them and nor were they stored at the property. On the evidence, I find it likely that the tenant took the knives to the premises either when he first entered or after S and her friends left but before the Police arrived. S did not notice the tenant carrying any weapons when he entered her room but wonders if he had them under his clothing. She fears that he may’ve intended to harm her or the other occupants and that by having knives on him and leaving them on her chest of drawers amounts to a threat of assault.
Police evidence confirms that they have charged the tenant with injuring with intent to injure a Police officer and being unlawfully in a building. Those charges are pending.
The issue to determine is whether there is a threatened assault that would justify a termination order under s55(1)(c) RTA.
Justice Keane commented in Collins v Housing New Zealand, High Court, 2004 CIV -409-717 Christchurch, that to threaten to assault means just what it says: it is an expression of intent to do harm to another person by use of force. The fact of the threat can be enough. Even under the criminal law, there is no need to intend to act on the threat, or to have the capacity to act on it; or that it be to, or be passed on to, the person to whom the threat relates. He also said that under the criminal law what must be proved is the intent that the threat be taken seriously by the person to whom it is made. How far that applies under the RTA is another question. The intent of section 55(1)(c) is to protect the classes of persons referred to such as the landlord, the landlord’s family, or neighbours of the tenanted premises. In this context, the fact of a threat is enough.
The tenants actions in unlawfully entering the premises with two large knives is an act that strongly indicates a threat to do harm to those in occupation. The fact that the tenant was charged with assaulting Police during the incident is a factor that might also support that conclusion.
After reviewing all the evidence and the applicable law, I am satisfied for the purpose of s55(1)(c) that there is sufficient proof that the tenant threatened to assault S and her friends so that there are grounds to terminate the tenancy.
The next issue is whether there is reason to refuse to terminate the tenancy under section 55(2) RTA. Under that section, the Tribunal may refuse to make an order if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy); the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach.
A threat once made cannot be remedied. However, that does not prevent me from considering the remaining two issues. Compensation for any loss suffered is not a relevant question here, which leaves the last issue: Is the tenant likely to be threatening again?
The tenant returned to the premises following his arrest and charges being laid. Further evidence from another family member who stayed at the family house next door to the premises recently is that the tenant’s behaviour has continued to be erratic and concerning. More importantly, he has not acknowledged the incident nor apologised to the landlord or her family. After listening to the parties and reviewing the evidence, I am not satisfied that the tenant will not behave in a threatening manner again. It follows that there is no reason to refuse to make the termination order.
I am suppressing the tenant’s name and identifying details because the order discloses information concerning criminal charges pending against him. The Tribunal is not certain whether the tenant may be subject to name suppression for the criminal charges laid. There is also an indication that the tenant may have mental health concerns and it would not be in the Public interest to identify him as it may be prejudicial to his health and well-being.
I am also suppressing the landlord’s name and identifying details which I consider is also necessary to protect the tenant’s identity because disclosure of the landlord’s details and tenancy address might enable the tenant to be identified.

Tenancy Tribunal case 5171851 — Rent arrears

At a glance

Tenancy Tribunal case 5171851 — Rent arrears

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