What was Tenancy Tribunal case 5212772 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 5212772?

Compensation: Fixed Water Charges: $848.49 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5212772?

The dispute type was not classified.

Where can I read the official tribunal order for case 5212772?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11827065-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5212772 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 5212772?

Compensation: Fixed Water Charges: $848.49 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5212772?

The dispute type was not classified.

Where can I read the official tribunal order for case 5212772?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11827065-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5212772 — Tenancy dispute

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New Zealand Tenancy Tribunal Case 5212772 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5212772 — net $875.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Fixed water charges	$848.49	propriate to make an order under section 78(1)(d) requiring the Landlord to pay $848.49 to the Tenants, which is the amount the Tenants paid for the water supp…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$875.49
Total payable by Landlord to Tenant	$875.49

Claims and awards for application 5212772 — net $875.49 NZD. Verify on MoJ.

Compensation: Fixed water charges

Amount: $848.49
Awarded to: Tenant
Reason: propriate to make an order under section 78(1)(d) requiring the Landlord to pay $848.49 to the Tenants, which is the amount the Tenants paid for the water supp…

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $875.49

Total payable by Landlord to Tenant

Tenant $875.49

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ name and identifying details.
The Landlord shall immediately pay $875.49 to the Tenants:

Reasons

The Tenants seek to recover the fixed (or daily) water and wastewater components of the water supply costs they paid during their tenancy and the cost of disconnecting that water supply at the end of the tenancy. They say that the Landlord should be liable for those costs. The Landlord says that the fixed, wastewater and disconnection charges are the Tenants’ responsibility.
Both parties attended the hearing. The Law
Section 39 of the Residential Tenancies Act sets out the rules for payment of outgoings (which include water) during a residential tenancy. Relevantly, section 39 provides that: (a)The landlord is responsible for outgoings that are: (i)incurred whether or not the premises are occupied; and (ii)incurred for common facilities. 1 (b)The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including the supply of water if the water supplier charges for water provided to the premises on the basis of consumption. 2
The underling policy of section 39 is that tenants will only be liable for outgoings exclusively attributable to their occupation of the premises or use of the facilities. The landlord will be responsible for other outgoings not exclusively attributable to the tenant’s occupation of the premises or use of the facilities.
Section 45 of the RTA is also relevant. Section 45 sets out the Landlord’s responsibilities, which include a responsibility) to ensure that there is a supply of water to the premises – either a reticulated water supply or adequate means for the collection and storage of water. 3 The relevant facts and submissions
The tenancy started in February 2023. With respect to outgoings, the Tenancy Agreement states that the Tenants agree to: Pay all charges for electricity, gas, telephone and metered water and wastewater.
The premises are an apartment in a complex, with water to each apartment in the complex supplied by [redacted] under an agreement with the Body Corporate.
[Redacted] describes itself as a water network provider. It has established a water network within the apartment complex – including a reticulated water heating and reticulated cold water supply network, through which hot and cold water is supplied to each separate premises in the complex.
There were no other water supply options available to the Tenants, as the apartment complex appears to have an exclusive arrangement with [redacted]. The Tenants have provided a letter from [redacted] which states that [redacted] is the sole provider of hot and cold water in the apartment complex. That letter, which was sent at the start of the tenancy, also advised the tenants that the water supply would be disconnected if the Tenants did not agree to the [redacted] 1 Residential Tenancies Act 1986, s 39(1). 2 Residential Tenancies Act 1986, s 39(3) and (4) 3 Residential Tenancies Act 1986, s 45(1)(ca arrangement (which included payment of the fixed charge), pay a $120 bond and a $30.70 connection fee.
The Tenants were advised by the Landlord’s property manager that the Tenants would need to make their own arrangements with [redacted] for the supply of water. This means that, if the Tenants did not contract with [redacted] and pay the cost of connecting and providing the reticulated water supply to the premises, then no water would be supplied to the premises.
During the tenancy, the Tenants received and paid a series of water bills, which have each been provided to the Tribunal. Those bills each had itemised charges for: (a)Cold water usage (b)Fixed charges (c)Hot water usage (d)Water hearing (e)Wastewater charges.
The Tenants say that throughout the tenancy they queried their liability for the fixed and wastewater charges with the Landlord’s property manager and were told that this was the Tenants’ responsibility.
The tenancy is now at an end, and the Tenants have applied to the Tribunal to recover the fixed charge and wastewater charge components of the water bills and the $30 cost of disconnecting the water connection to the premises.
The Landlord says that the fixed and wastewater charges are the Tenants’ responsibility because the charges are exclusively attributable to the Tenants’ occupation of the premises. They say that the water charges to the premises are only payable when the premises are occupied and are calculated in much the same way as any other utility provided to the premises (such as electricity or gas).
In support of that position, the Landlord has provided an email dated 6 May 2025 from [redacted] (the [redacted] email), which states:

Why is there a daily charge?

Because there are daily accrued costs associated with an RHW system and the delivering of our services to your apartment 24hrs per day, independently of any quantity of water or energy used. You pay this charge only for the period you are connected to our system.

How is this daily charge rate determined?

The daily charge consists of our costs associated with upgrading to energy metering (where applicable) and with the delivery of hot water to your apartment, from the energy supply to our meter and in some cases to the tap outlet. Our contracts and terms vary from site to site and are related to our cost of business

associated with your site, in the same manner as any other utility provider except we do not charge a daily fixed charge if there is no [redacted] customer in the residence we supply.

I am a Tenant so why do I have to pay a daily fixed charge?

We charge a daily fixed charge to any customer that is connected to our network, in the same methodology as other utilities providers (phone, electricity or gas retailers) charge theirs. We have the same charging mechanism whether we are supplying and charging only for the energy to heat water or for the supply of both hot and cold water, or any other forms of energy we may supply to your apartment. The [redacted] daily fixed charge is not required to differentiate between Tenants or Landlords and we only charge for customers that are connected to our network; there is no daily fixed charge to a Landlord should an apartment be vacant. Our daily fixed charge is for the cost recovery of our services and costs, up to and including our metering technology installed at or within each apartment. My assessment The wastewater charges and disconnection cost

The Tenants are liable for the wastewater charges and the disconnection cost. The wastewater charges are calculated based on the Tenants’ actual water consumption and are exclusively attributable to the Tenants’ occupation of the premises. The disconnection charge is the cost of ending the Tenants’ contract with [redacted] and section 45 contains no requirement that the Landlord bear responsibility for the disconnection cost. The claim to recover the wastewater charges and disconnection cost is therefore dismissed. The fixed (daily) charge
The [redacted] email explains the fixed charge (which [redacted] also calls the daily charge or daily fixed charge). That email shows that the fixed charge is set independently of any water or energy used and is a cost recovery mechanism for [redacted] for its “cost of business” related to establishing and maintaining the reticulated hot and cold water supply infrastructure across the apartment complex as a whole.
Under section 45(1)(ca) of the RTA, it is the Landlord that is required to ensure that there is a supply of water to the premises – either a reticulated water supply or adequate means for the collection and storage of water. Because that is a landlord responsibility, I consider that it follows that the Landlord should be liable for any cost of providing that water supply infrastructure to the premises.
In this case, the evidence shows that the Tenants were the ones responsible for ensuring there was a supply of water to the premises and paying for the infrastructure cost of that supply. The Landlord says that this is because the cost of supplying water to the premises was exclusively attributable to the tenants’ occupation of the premises because no fixed charge is payable while the premises are unoccupied. The Landlord says that the Tenants are therefore liable for this cost under section 39(3) of the RTA, as the fixed charge is an outgoing exclusively attributable to the tenants’ occupation of the premises.
I disagree. The phrase “exclusively attributable” means wholly caused by. That is the plain meaning of those words. It follows that the Tenants will not be liable for outgoings that are not wholly caused by their occupation of the premises or their use of the facilities.
Based upon the information provided by the parties, I am satisfied that the fixed charge is not an outgoing wholly caused by the Tenants’ occupation of the premises. I accept that the charge is only imposed when the premises are occupied, and in that sense, it is arguable that the charge is attributable to the Tenants’ occupation, because it was only triggered by their occupation of the premises.
However, the underlying cost recovered by the fixed charge is not exclusively attributable to the Tenants’ occupation. Instead, as set out in the [redacted] email, the fixed charge relates to the business cost of the infrastructure to supply water to the premises. Those business costs were not wholly caused by the Tenants’ occupation of the premises or use of the facilities and would be incurred irrespective of whether the premises were occupied by the Tenants or not.
I am also not satisfied that Parliament intended section 39(3) of the RTA to enable landlords to avoid and directly pass through the cost of complying with a landlord’s statutory obligations (in this case the cost of providing a water supply to the premises) by claiming that the cost was only payable when the premises were occupied. As with any other cost associated with complying with the landlord’s responsibilities in section 45 of the RTA (e.g. the cost of ensuring compliance with healthy homes standards, installation of smoke alarms, maintenance and compliance with building, health and safety obligations), a landlord may recover those costs through the rent charged to the tenant, but I am not satisfied that section 39 of the RTA allows a landlord to insist that the cost of complying with the landlord’s responsibilities should be paid by the tenant as an outgoing separate from the rent.
Finally, I also note that the Tenancy Agreement only required the Tenants to pay the cost of “metered water and wastewater”. In my view, that term can most reasonably be interpreted as requiring the Tenants to pay the cost of the water they used and the wastewater they generated, as measured by the water meters. The Tenancy Agreement does not require the Tenants to pay the fixed charge, because that fixed charge is calculated independently of any water used or wastewater generated.
I am therefore satisfied that, considering sections 39 and 45 of the RTA and the terms of the Tenancy Agreement, the fixed (or daily) charge component of the water bills paid by the Tenants is not a cost the Tenants should have been required to pay. The fixed charge is the cost of supplying water to the premises. That cost should be borne by the Landlord as the Landlord had the responsibility to ensure a water supply to the premises.
The Tenants provided a copy of their water bills. Based upon those bills I have calculated the amount payable by the Landlord as set out in the table below (in the order that the Tenants provided those bills to the Tribunal):

INVOICE DATEAMOUNT OF FIXED CHARGE

26 September 2023$33.49 13 August 2024$34.64 10 December 2024$34.82 8 March 2024$32.33 12 November 2024$38.42 9 May 2024$34.64 13 March 2025$33.63 9 April 2024$36.95 11 June 2024$36.95 12 October 2023$33.49 11 December 2023$35.79 11 September 2024$37.41 12 July 2024$34.64 11 October 2024$36.02 14 April 2023$53.21 5 December 2023$28.11 13 June 2023$32.13 13 July 2023$30.12 14 August 2023$32.13 23 January 2024$35.79 11 January 2025$36.02 13 November 2023$34.64 12 February 2024$33.49 12 February 2025$39.63 TOTAL$848.49 Orders

I consider it appropriate to make an order under section 78(1)(d) requiring the Landlord to pay $848.49 to the Tenants, which is the amount the Tenants paid for the water supply fixed charges. The Tenants should not have been required to pay those amounts throughout the tenancy, and it is fair that they now recover those costs from the Landlord.
Because they were largely successful in their claim, the Tenants are also entitled to name suppression and to recover the filing fee of $27.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5212772 — net $875.49 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Compensation: Fixed water charges	$848.49	propriate to make an order under section 78(1)(d) requiring the Landlord to pay $848.49 to the Tenants, which is the amount the Tenants paid for the water supp…
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$875.49
Total payable by Landlord to Tenant	$875.49

Claims and awards for application 5212772 — net $875.49 NZD. Verify on MoJ.

Compensation: Fixed water charges

Amount: $848.49
Awarded to: Tenant
Reason: propriate to make an order under section 78(1)(d) requiring the Landlord to pay $848.49 to the Tenants, which is the amount the Tenants paid for the water supp…

Filing fee reimbursement

Amount: $27.00
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $875.49

Total payable by Landlord to Tenant

Tenant $875.49

Claim types — money lines allowed on this order

Compensation Filing Fee

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ name and identifying details.
The Landlord shall immediately pay $875.49 to the Tenants:

Reasons

The Tenants seek to recover the fixed (or daily) water and wastewater components of the water supply costs they paid during their tenancy and the cost of disconnecting that water supply at the end of the tenancy. They say that the Landlord should be liable for those costs. The Landlord says that the fixed, wastewater and disconnection charges are the Tenants’ responsibility.
Both parties attended the hearing. The Law
Section 39 of the Residential Tenancies Act sets out the rules for payment of outgoings (which include water) during a residential tenancy. Relevantly, section 39 provides that: (a)The landlord is responsible for outgoings that are: (i)incurred whether or not the premises are occupied; and (ii)incurred for common facilities. 1 (b)The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities, including the supply of water if the water supplier charges for water provided to the premises on the basis of consumption. 2
The underling policy of section 39 is that tenants will only be liable for outgoings exclusively attributable to their occupation of the premises or use of the facilities. The landlord will be responsible for other outgoings not exclusively attributable to the tenant’s occupation of the premises or use of the facilities.
Section 45 of the RTA is also relevant. Section 45 sets out the Landlord’s responsibilities, which include a responsibility) to ensure that there is a supply of water to the premises – either a reticulated water supply or adequate means for the collection and storage of water. 3 The relevant facts and submissions
The tenancy started in February 2023. With respect to outgoings, the Tenancy Agreement states that the Tenants agree to: Pay all charges for electricity, gas, telephone and metered water and wastewater.
The premises are an apartment in a complex, with water to each apartment in the complex supplied by [redacted] under an agreement with the Body Corporate.
[Redacted] describes itself as a water network provider. It has established a water network within the apartment complex – including a reticulated water heating and reticulated cold water supply network, through which hot and cold water is supplied to each separate premises in the complex.
There were no other water supply options available to the Tenants, as the apartment complex appears to have an exclusive arrangement with [redacted]. The Tenants have provided a letter from [redacted] which states that [redacted] is the sole provider of hot and cold water in the apartment complex. That letter, which was sent at the start of the tenancy, also advised the tenants that the water supply would be disconnected if the Tenants did not agree to the [redacted] 1 Residential Tenancies Act 1986, s 39(1). 2 Residential Tenancies Act 1986, s 39(3) and (4) 3 Residential Tenancies Act 1986, s 45(1)(ca arrangement (which included payment of the fixed charge), pay a $120 bond and a $30.70 connection fee.
The Tenants were advised by the Landlord’s property manager that the Tenants would need to make their own arrangements with [redacted] for the supply of water. This means that, if the Tenants did not contract with [redacted] and pay the cost of connecting and providing the reticulated water supply to the premises, then no water would be supplied to the premises.
During the tenancy, the Tenants received and paid a series of water bills, which have each been provided to the Tribunal. Those bills each had itemised charges for: (a)Cold water usage (b)Fixed charges (c)Hot water usage (d)Water hearing (e)Wastewater charges.
The Tenants say that throughout the tenancy they queried their liability for the fixed and wastewater charges with the Landlord’s property manager and were told that this was the Tenants’ responsibility.
The tenancy is now at an end, and the Tenants have applied to the Tribunal to recover the fixed charge and wastewater charge components of the water bills and the $30 cost of disconnecting the water connection to the premises.
The Landlord says that the fixed and wastewater charges are the Tenants’ responsibility because the charges are exclusively attributable to the Tenants’ occupation of the premises. They say that the water charges to the premises are only payable when the premises are occupied and are calculated in much the same way as any other utility provided to the premises (such as electricity or gas).
In support of that position, the Landlord has provided an email dated 6 May 2025 from [redacted] (the [redacted] email), which states:

Why is there a daily charge?

How is this daily charge rate determined?

associated with your site, in the same manner as any other utility provider except we do not charge a daily fixed charge if there is no [redacted] customer in the residence we supply.

I am a Tenant so why do I have to pay a daily fixed charge?

The Tenants are liable for the wastewater charges and the disconnection cost. The wastewater charges are calculated based on the Tenants’ actual water consumption and are exclusively attributable to the Tenants’ occupation of the premises. The disconnection charge is the cost of ending the Tenants’ contract with [redacted] and section 45 contains no requirement that the Landlord bear responsibility for the disconnection cost. The claim to recover the wastewater charges and disconnection cost is therefore dismissed. The fixed (daily) charge
The [redacted] email explains the fixed charge (which [redacted] also calls the daily charge or daily fixed charge). That email shows that the fixed charge is set independently of any water or energy used and is a cost recovery mechanism for [redacted] for its “cost of business” related to establishing and maintaining the reticulated hot and cold water supply infrastructure across the apartment complex as a whole.
Under section 45(1)(ca) of the RTA, it is the Landlord that is required to ensure that there is a supply of water to the premises – either a reticulated water supply or adequate means for the collection and storage of water. Because that is a landlord responsibility, I consider that it follows that the Landlord should be liable for any cost of providing that water supply infrastructure to the premises.
In this case, the evidence shows that the Tenants were the ones responsible for ensuring there was a supply of water to the premises and paying for the infrastructure cost of that supply. The Landlord says that this is because the cost of supplying water to the premises was exclusively attributable to the tenants’ occupation of the premises because no fixed charge is payable while the premises are unoccupied. The Landlord says that the Tenants are therefore liable for this cost under section 39(3) of the RTA, as the fixed charge is an outgoing exclusively attributable to the tenants’ occupation of the premises.
I disagree. The phrase “exclusively attributable” means wholly caused by. That is the plain meaning of those words. It follows that the Tenants will not be liable for outgoings that are not wholly caused by their occupation of the premises or their use of the facilities.
Based upon the information provided by the parties, I am satisfied that the fixed charge is not an outgoing wholly caused by the Tenants’ occupation of the premises. I accept that the charge is only imposed when the premises are occupied, and in that sense, it is arguable that the charge is attributable to the Tenants’ occupation, because it was only triggered by their occupation of the premises.
However, the underlying cost recovered by the fixed charge is not exclusively attributable to the Tenants’ occupation. Instead, as set out in the [redacted] email, the fixed charge relates to the business cost of the infrastructure to supply water to the premises. Those business costs were not wholly caused by the Tenants’ occupation of the premises or use of the facilities and would be incurred irrespective of whether the premises were occupied by the Tenants or not.
I am also not satisfied that Parliament intended section 39(3) of the RTA to enable landlords to avoid and directly pass through the cost of complying with a landlord’s statutory obligations (in this case the cost of providing a water supply to the premises) by claiming that the cost was only payable when the premises were occupied. As with any other cost associated with complying with the landlord’s responsibilities in section 45 of the RTA (e.g. the cost of ensuring compliance with healthy homes standards, installation of smoke alarms, maintenance and compliance with building, health and safety obligations), a landlord may recover those costs through the rent charged to the tenant, but I am not satisfied that section 39 of the RTA allows a landlord to insist that the cost of complying with the landlord’s responsibilities should be paid by the tenant as an outgoing separate from the rent.
Finally, I also note that the Tenancy Agreement only required the Tenants to pay the cost of “metered water and wastewater”. In my view, that term can most reasonably be interpreted as requiring the Tenants to pay the cost of the water they used and the wastewater they generated, as measured by the water meters. The Tenancy Agreement does not require the Tenants to pay the fixed charge, because that fixed charge is calculated independently of any water used or wastewater generated.
I am therefore satisfied that, considering sections 39 and 45 of the RTA and the terms of the Tenancy Agreement, the fixed (or daily) charge component of the water bills paid by the Tenants is not a cost the Tenants should have been required to pay. The fixed charge is the cost of supplying water to the premises. That cost should be borne by the Landlord as the Landlord had the responsibility to ensure a water supply to the premises.
The Tenants provided a copy of their water bills. Based upon those bills I have calculated the amount payable by the Landlord as set out in the table below (in the order that the Tenants provided those bills to the Tribunal):

INVOICE DATEAMOUNT OF FIXED CHARGE

I consider it appropriate to make an order under section 78(1)(d) requiring the Landlord to pay $848.49 to the Tenants, which is the amount the Tenants paid for the water supply fixed charges. The Tenants should not have been required to pay those amounts throughout the tenancy, and it is fair that they now recover those costs from the Landlord.
Because they were largely successful in their claim, the Tenants are also entitled to name suppression and to recover the filing fee of $27.

Tenancy Tribunal case 5212772 — Tenancy dispute

At a glance

Tenancy Tribunal case 5212772 — Tenancy dispute

At a glance

Award balance

Claims & awards

Order

Reasons

Why is there a daily charge?

How is this daily charge rate determined?

I am a Tenant so why do I have to pay a daily fixed charge?

INVOICE DATEAMOUNT OF FIXED CHARGE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Why is there a daily charge?

How is this daily charge rate determined?

I am a Tenant so why do I have to pay a daily fixed charge?

INVOICE DATEAMOUNT OF FIXED CHARGE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions