What was Tenancy Tribunal case 5252204 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5252204?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5252204?

The primary dispute was State of repair. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5252204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12475848-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5252204 about?

The tribunal order states: The application is dismissed.

How much money was awarded in case 5252204?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5252204?

The primary dispute was State of repair. Related themes: Healthy homes, Exemplary damages.

Where can I read the official tribunal order for case 5252204?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12475848-Tenancy_Tribunal_Order.pdf.

Unit/Flat 4, 4 Seaview Hill, Hokitika, Hokitika 7810 Tenancy Tribunal Case 5252204 — State of repair

Order

The application is dismissed.

Reasons

Both parties attended the hearing which I conducted by phone.
The tenant has applied for an order extending the time before she has to vacate the tenancy. She also alleges that the premises did not comply with the Healthy Homes Standards (HHS) and seeks compensation and/or exemplary damages for that breach. Background
The tenancy started on 5 January 2020.
The premises are located on a large area of land, around 40 hectares, on grounds once occupied by Seaview Hospital in Hokitika. There is at least one other dwelling on the land rented for residential purposes.
For almost the entire length of the tenancy the named landlord was not the property manager. His father purchased the property about 2 years ago. Only recently (around February or March 2025) did he start managing the tenancy.
The former property manager gave notice to terminate the tenancy with 90 days’ notice on 4 February 2025. The tenancy was to end on 6 May 2025. On 2 May 2025, the tenant lodged her Tribunal application.
On 8 August 2025, the Tribunal made an order (with the agreement of the parties) that the tenant would vacate the tenancy on 15 August 2025. She complied with that order.
Because the tenancy has ended the first of the issues raised by the tenant is moot.
I heard evidence from both parties today concerning the second issue – whether the premises complied with the HHS. Issues
There are 2 issues arising from the tenant’s application relevant to the HHS. They are: •Was there a failure to comply with the HHS? Can the Tribunal award exemplary damages? •Can the tenant claim compensation for the issues she has raised? If so, from whom? Relevant law
Section 45 RTA sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS).
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is usually awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Ōtautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion Was there a failure to comply with the HHS? Can the Tribunal award exemplary damages?
The HHS provided for different implementation dates. In this case, because the tenancy started in January 2020 and just continued over time without any apparent renewal recorded in a new tenancy agreement, the implementation date was 1 July 2025.
The landlord gave notice to terminate the tenancy and it was due to end on 6 May 2025, before the HHS applied to the tenancy. That the tenant failed to vacate the tenancy (even if for reasons she considered were reasonable) does not mean that the landlord failed to implement the HHS. The tenancy ended by notice. The Tribunal’s later order was simply to give effect to the termination, as it happened, by agreement.
Because the landlord committed no unlawful act (the tenancy was terminated before the HHS took effect for this tenancy) the Tribunal cannot award exemplary damages to the tenant. I dismiss this part of the application. Can the tenant claim compensation for the issues she has raised? If so, from whom?
Section 45 RTA sets out a landlord’s responsibilities including the responsibility to maintain and repair the premises. Even when a landlord had not committed an unlawful act (such as the failure to comply with the HHS) the Tribunal can still consider a claim for compensation arising from a related breach of a landlord’s section 45 RTA responsibilities 2 . 1 [2020] NZDC 17667 2 See Cavanagh v Kāinga Ora [2022] NZDC 7003
The difficulty in this case, however, is that the tenant has made her application against the wrong landlord.
Neither party produced a copy of the tenancy agreement, but the tenant was sure that a property management company and a property manager different from Mr Mauger were her landlord for almost the whole of the tenancy. It was that property management firm that gave notice to terminate the tenancy.
An application for compensation for alleged breaches by the landlord failing to repair and maintain the premises would need to be against the property management firm which was her landlord.
Mr Mauger became the property manager only at the time when the notice to terminate the tenancy was given. He cannot be responsible for the alleged failure to maintain and repair dating back to January 2020.
The tenant can take advice from Tenancy Services should she wish to pursue a claim for compensation further. But on the evidence given to the Tribunal today, that claim cannot be made against Mr Mauger. I dismiss this part of the application. Result
For the reasons given, I dismiss the application. Name suppression
Although the Tribunal has previously granted name suppression to the landlord, both parties were clear today that they did not seek name suppression orders.

Order

The application is dismissed.

Reasons

Both parties attended the hearing which I conducted by phone.
The tenant has applied for an order extending the time before she has to vacate the tenancy. She also alleges that the premises did not comply with the Healthy Homes Standards (HHS) and seeks compensation and/or exemplary damages for that breach. Background
The tenancy started on 5 January 2020.
The premises are located on a large area of land, around 40 hectares, on grounds once occupied by Seaview Hospital in Hokitika. There is at least one other dwelling on the land rented for residential purposes.
For almost the entire length of the tenancy the named landlord was not the property manager. His father purchased the property about 2 years ago. Only recently (around February or March 2025) did he start managing the tenancy.
The former property manager gave notice to terminate the tenancy with 90 days’ notice on 4 February 2025. The tenancy was to end on 6 May 2025. On 2 May 2025, the tenant lodged her Tribunal application.
On 8 August 2025, the Tribunal made an order (with the agreement of the parties) that the tenant would vacate the tenancy on 15 August 2025. She complied with that order.
Because the tenancy has ended the first of the issues raised by the tenant is moot.
I heard evidence from both parties today concerning the second issue – whether the premises complied with the HHS. Issues
There are 2 issues arising from the tenant’s application relevant to the HHS. They are: •Was there a failure to comply with the HHS? Can the Tribunal award exemplary damages? •Can the tenant claim compensation for the issues she has raised? If so, from whom? Relevant law
Section 45 RTA sets out a landlord’s responsibilities. Included among them are the responsibility to provide the premises in a reasonably clean state; to provide and maintain the premises in a reasonable state of repair (having regard to the age and character of the premises); and to comply with the Healthy Homes Standards (HHS).
The Tribunal may award compensation to a party for losses arising from a proven breach or breaches by the other party of their statutory responsibilities.
Compensation is usually awarded for actual losses and sometimes for less tangible effects of proven breaches such as a loss of enjoyment of the tenancy and the accompanying stress and anxiety.
In Birch v Ōtautahi Community Housing Trust 1 the District Court confirmed that the Tribunal must consider the following factors when deciding to award compensation: • The nature of the breach; • The duration of the breach; and • The effect of the breach on the party. Discussion Was there a failure to comply with the HHS? Can the Tribunal award exemplary damages?
The HHS provided for different implementation dates. In this case, because the tenancy started in January 2020 and just continued over time without any apparent renewal recorded in a new tenancy agreement, the implementation date was 1 July 2025.
The landlord gave notice to terminate the tenancy and it was due to end on 6 May 2025, before the HHS applied to the tenancy. That the tenant failed to vacate the tenancy (even if for reasons she considered were reasonable) does not mean that the landlord failed to implement the HHS. The tenancy ended by notice. The Tribunal’s later order was simply to give effect to the termination, as it happened, by agreement.
Because the landlord committed no unlawful act (the tenancy was terminated before the HHS took effect for this tenancy) the Tribunal cannot award exemplary damages to the tenant. I dismiss this part of the application. Can the tenant claim compensation for the issues she has raised? If so, from whom?
Section 45 RTA sets out a landlord’s responsibilities including the responsibility to maintain and repair the premises. Even when a landlord had not committed an unlawful act (such as the failure to comply with the HHS) the Tribunal can still consider a claim for compensation arising from a related breach of a landlord’s section 45 RTA responsibilities 2 . 1 [2020] NZDC 17667 2 See Cavanagh v Kāinga Ora [2022] NZDC 7003
The difficulty in this case, however, is that the tenant has made her application against the wrong landlord.
Neither party produced a copy of the tenancy agreement, but the tenant was sure that a property management company and a property manager different from Mr Mauger were her landlord for almost the whole of the tenancy. It was that property management firm that gave notice to terminate the tenancy.
An application for compensation for alleged breaches by the landlord failing to repair and maintain the premises would need to be against the property management firm which was her landlord.
Mr Mauger became the property manager only at the time when the notice to terminate the tenancy was given. He cannot be responsible for the alleged failure to maintain and repair dating back to January 2020.
The tenant can take advice from Tenancy Services should she wish to pursue a claim for compensation further. But on the evidence given to the Tribunal today, that claim cannot be made against Mr Mauger. I dismiss this part of the application. Result
For the reasons given, I dismiss the application. Name suppression
Although the Tribunal has previously granted name suppression to the landlord, both parties were clear today that they did not seek name suppression orders.

Tenancy Tribunal case 5252204 — State of repair at Unit/Flat 4, 4 Seaview Hill, Hokitika, Hokitika 7810

At a glance

Tenancy Tribunal case 5252204 — State of repair at Unit/Flat 4, 4 Seaview Hill, Hokitika, Hokitika 7810

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.