What was Tenancy Tribunal case 5282022 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 5282022?

Property Damage: $1,000.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5282022?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5282022?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200595-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5282022 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal orders

How much money was awarded in case 5282022?

Property Damage: $1,000.00 awarded to tenant; Filing Fee: $27.00 awarded to tenant

What type of tenancy dispute was case 5282022?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5282022?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12200595-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5282022 — Exemplary damages

Claims and awards in Tenancy Tribunal application 5282022 — net $1,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages – breach of privacy	$1,000.00	Exemplary damages – breach of privacy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,027.00
Total payable by Landlord to Tenant	$1,027.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Accessible Properties New Zealand Limited must pay [The tenant/s] $1,027.00 immediately.

Reasons

Both parties attended the hearing.
The tenant seeks the following: (a) Compensation for landlord failure to take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises. (b) Exemplary damages for breach of privacy in circumstances that amount to harassment.
This tenancy commenced on 9 July 2020.

Did the landlord fail to take all reasonable steps?

In accordance with section 45(1)(e) Residential Tenancies Act 1986 (RTA), the landlord shall take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises.
The tenant says she has encountered problems since the start of the tenancy with approximately 7 other properties in the neighbourhood which are managed by the landlord. This is an area of social housing, and the issues include family harm incidents, noise problems, anti-social behaviour, mental health incidents, and a dog incident. The tenant says she feels unsafe, she is constantly in contact with Police, and she is finding her living situation very stressful. The tenant confirmed that none of the behaviour is specifically directed at her.
While the landlord must ensure they take reasonable steps to ensure that none of their other tenants interfere with the tenant’s reasonable peace, comfort, or privacy, the test is one of reasonableness and is not absolute. The landlord’s obligation to the tenant must be balanced with the often complex needs of their other tenants. I find that the tenant has not provided sufficient evidence to prove that the landlord has not taken all reasonable steps to ensure that their other tenants are not interfering with the reasonable peace of the tenant.
The landlord confirmed that the tenant has complained about 2 of their properties since December 2024 and there is no record of any complaints about the other 5 properties; one of which is not a property managed by the landlord. The landlord has not received any complaints from any other tenants in the neighbourhood. I accept their evidence that there is an ongoing investigation about one of the properties involving Police, and they are actively dealing with another neighbour and their serious mental health issues. The landlord was only notified about the recent escalation at both properties at the Tribunal hearing, therefore they have not had reasonable opportunity to progress appropriate actions.
The landlord acknowledges they could do better in terms of communicating with the tenant and following up once her complaints have been logged. They remain open to discussions with the tenant about moving her from the area and confirm they will liaise with the tenant and with other community providers about a possible transfer.
This part of the tenant’s claim is dismissed. Did the landlord breach the tenant’s privacy in circumstances that amount to harassment?
[The tenant/s] claims the landlord has harassed them by contacting her mother without her permission.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010. Harassment may involve a single incident based on the degree of seriousness.
The landlord says they do not recall speaking with the tenant’s mother [as emergency contact] around the same time as previous Tribunal proceedings in July 2024, but accept they must have done. They apologise to the tenant and say they would not have spoken about the Tribunal proceedings, and they were only looking out for the tenant’s welfare. The landlord checked their records and found that they had contacted the tenant’s mother previously in 2023 in addition to the contact in 2024. The tenant changed her emergency contact at the start of this tenancy, but this was not reflected in the landlord’s computer system and the landlord acknowledges they made a mistake.
I find the landlord has breached the tenant’s privacy in circumstances that amount to harassment. I find they have committed an unlawful act due to the seriousness of the breach(es). The landlord contacted the tenant’s mother in 2023 for a tenant welfare check, and again in 2024, despite the tenant having provided other emergency contacts in writing at the start of this tenancy in 2020. I find it more likely than not that the reason the landlord contacted the tenant’s mother in 2024 was to discuss the tenant’s refusal to allow access and associated Tribunal proceedings for termination. This is a significant breach of the tenant’s privacy and has caused ongoing issues for her and her relationship with her family, and has also caused unnecessary distrust and conflict between the tenant and landlord.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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) Residential Tenancies Act 1986.
After consideration of the above factors and in particular the distress to the tenant caused by the landlord’s actions, I award $1,000.00 exemplary damages.
As the tenant has substantially succeeded with the claim, the landlord must reimburse the filing fee.
The tenant is entitled to name suppression as of right.

Claims and awards in Tenancy Tribunal application 5282022 — net $1,027.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages – breach of privacy	$1,000.00	Exemplary damages – breach of privacy
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,027.00
Total payable by Landlord to Tenant	$1,027.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
Accessible Properties New Zealand Limited must pay [The tenant/s] $1,027.00 immediately.

Reasons

Both parties attended the hearing.
The tenant seeks the following: (a) Compensation for landlord failure to take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises. (b) Exemplary damages for breach of privacy in circumstances that amount to harassment.
This tenancy commenced on 9 July 2020.

Did the landlord fail to take all reasonable steps?

In accordance with section 45(1)(e) Residential Tenancies Act 1986 (RTA), the landlord shall take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises.
The tenant says she has encountered problems since the start of the tenancy with approximately 7 other properties in the neighbourhood which are managed by the landlord. This is an area of social housing, and the issues include family harm incidents, noise problems, anti-social behaviour, mental health incidents, and a dog incident. The tenant says she feels unsafe, she is constantly in contact with Police, and she is finding her living situation very stressful. The tenant confirmed that none of the behaviour is specifically directed at her.
While the landlord must ensure they take reasonable steps to ensure that none of their other tenants interfere with the tenant’s reasonable peace, comfort, or privacy, the test is one of reasonableness and is not absolute. The landlord’s obligation to the tenant must be balanced with the often complex needs of their other tenants. I find that the tenant has not provided sufficient evidence to prove that the landlord has not taken all reasonable steps to ensure that their other tenants are not interfering with the reasonable peace of the tenant.
The landlord confirmed that the tenant has complained about 2 of their properties since December 2024 and there is no record of any complaints about the other 5 properties; one of which is not a property managed by the landlord. The landlord has not received any complaints from any other tenants in the neighbourhood. I accept their evidence that there is an ongoing investigation about one of the properties involving Police, and they are actively dealing with another neighbour and their serious mental health issues. The landlord was only notified about the recent escalation at both properties at the Tribunal hearing, therefore they have not had reasonable opportunity to progress appropriate actions.
The landlord acknowledges they could do better in terms of communicating with the tenant and following up once her complaints have been logged. They remain open to discussions with the tenant about moving her from the area and confirm they will liaise with the tenant and with other community providers about a possible transfer.
This part of the tenant’s claim is dismissed. Did the landlord breach the tenant’s privacy in circumstances that amount to harassment?
[The tenant/s] claims the landlord has harassed them by contacting her mother without her permission.
A landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in their use of the premises. See section 38(2) Residential Tenancies Act 1986.
Breaching this obligation in circumstances that amount to harassment is an unlawful act for which exemplary damages may be awarded up to a maximum of $3,000.00. See section 38(3) and Schedule 1A RTA.
Harassment means "to trouble, worry or distress" or "to wear out, tire, or exhaust" and "indicates a particular pattern of behaviour directed towards another person". MacDonald v Dodds, CIV-2009-019-001524, DC Hamilton, 26 February 2010. Harassment may involve a single incident based on the degree of seriousness.
The landlord says they do not recall speaking with the tenant’s mother [as emergency contact] around the same time as previous Tribunal proceedings in July 2024, but accept they must have done. They apologise to the tenant and say they would not have spoken about the Tribunal proceedings, and they were only looking out for the tenant’s welfare. The landlord checked their records and found that they had contacted the tenant’s mother previously in 2023 in addition to the contact in 2024. The tenant changed her emergency contact at the start of this tenancy, but this was not reflected in the landlord’s computer system and the landlord acknowledges they made a mistake.
I find the landlord has breached the tenant’s privacy in circumstances that amount to harassment. I find they have committed an unlawful act due to the seriousness of the breach(es). The landlord contacted the tenant’s mother in 2023 for a tenant welfare check, and again in 2024, despite the tenant having provided other emergency contacts in writing at the start of this tenancy in 2020. I find it more likely than not that the reason the landlord contacted the tenant’s mother in 2024 was to discuss the tenant’s refusal to allow access and associated Tribunal proceedings for termination. This is a significant breach of the tenant’s privacy and has caused ongoing issues for her and her relationship with her family, and has also caused unnecessary distrust and conflict between the tenant and landlord.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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) Residential Tenancies Act 1986.
After consideration of the above factors and in particular the distress to the tenant caused by the landlord’s actions, I award $1,000.00 exemplary damages.
As the tenant has substantially succeeded with the claim, the landlord must reimburse the filing fee.
The tenant is entitled to name suppression as of right.

Tenancy Tribunal case 5282022 — Exemplary damages

At a glance

Tenancy Tribunal case 5282022 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to take all reasonable steps?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the landlord fail to take all reasonable steps?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions