What was Tenancy Tribunal case 5282590 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Eves Realty Limited as agent for Michael & Angela

How much money was awarded in case 5282590?

Property Damage: $900.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Methamphetamine Testing: $2,645.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Water Rates: $9.09 awarded to landlord

What type of tenancy dispute was case 5282590?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5282590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12267557-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5282590 about?

The tribunal order states: [The tenant/s] tenant/s] must pay Eves Realty Limited as agent for Michael & Angela

How much money was awarded in case 5282590?

Property Damage: $900.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Methamphetamine Testing: $2,645.00 awarded to landlord; Property Damage: $2,500.00 awarded to landlord; Water Rates: $9.09 awarded to landlord

What type of tenancy dispute was case 5282590?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5282590?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12267557-Tenancy_Tribunal_Order.pdf.

4 Lanyard Street, Pyes Pa, Tauranga 3112 Tenancy Tribunal Case 5282590 — Property damage

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Reasons

Claims and awards in Tenancy Tribunal application 5282590 — net $5,156.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 30 May 2025	$9.09	Water rates to 30 May 2025
Methamphetamine testing	$2,645.00	Methamphetamine testing
Methamphetamine decontamination (insurance excess	$2,500.00	Methamphetamine decontamination (insurance excess
Exemplary damages: Unlawful act	$900.00	Unlawful act
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,156.09
Total payable by Tenant to Landlord	$5,156.09

The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.

The landlord has applied for compensation, refund of the bond, exemplary damages and reimbursement of the filing fee following the end of the tenancy.

More specifically, the landlord claims for the costs associated with methamphetamine decontamination and exemplary damages for an unlawful act committed by the tenant.

The landlord also claims for outstanding water rates at the end of the tenancy.

The tenancy commenced on 16 April 2025 and ended on 30 May 2025. Water rates

The landlord provided water rates records which prove the amount owning of $9.09 at the end of the tenancy.

The amount ordered is proved. The law on damage and methamphetamine levels

The landlord claims for the insurance excess and testing relating to methamphetamine contamination at the property.

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B of the Residential Tenancies Act 1986 (RTA).

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck. 1

For a landlord to succeed in a claim for costs involved in methamphetamine testing and contamination there are two main aspects that must be proved: a. First, that the contamination was caused during the tenancy (and so the tenant(s) are liable). b. Secondly, that the level of methamphetamine detected is likely to constitute a health hazard and therefore would entitle the landlord to claim the costs of testing and decontaminating the premises. 1 Guo v Korck [2019] NZHC 1541.

It has been well recognised for years, that methamphetamine contamination presents risks for people living in dwellings, when the level of that contamination is high. The difficulty has been determining what the tolerable level should be, above which the premises would be considered contaminated.

In 2017 Standards New Zealand released Standard NZS8510:2017 “Testing and decontamination of methamphetamine-contaminated properties”. In short, this standard confirmed that the level at which habitation of residential premises was considered safe, was a level of 1.5μg/100cm 2 . The expectation on landlords arising from this standard was to remediate premises contaminated with methamphetamine, to a level of less than 1.5μg/100cm 2 .

However, in more recent times, the (former) Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption. 2 The report concluded that any levels below 15μg/100cm 2 were unlikely to present adverse effects and therefore there should be no need for remediation.

The matter has been considered by the District Court in Full Circle Real Estate Limited v Danielle Piper, 3 where Judge Kellar needed to determine the level that should be applied. The court discussed the conflict between the New Zealand Standard and Chief Science Advisors report and confirmed: The Tenancy Tribunal was in a difficult position. The best state of knowledge of risk to human health from methamphetamine contamination available to the adjudicator was the Gluckman report. It would have been bold for the adjudicator to have ignored that report in favour of the New Zealand standard given that the Gluckman Report represents the current scientific knowledge on the risk to human health from methamphetamine in dwellings.

In my view, this decision of the District Court has confirmed that the level to be applied is the level expressed by the Chief Science Advisor, which is that there is no risk when levels of contamination are below 15μg/100cm 2 .

This view is further endorsed by the Court of Appeal decision, Smith v Accessible Properties Limited, 4 where in reference to the Gluckman Report it states, “[w]e acknowledge that the testing in this case yielded results now considered not to raise any health and safety concerns”. 2 Report, Methamphetamine Contamination in Residential Properties: Exposures, Risk Levels, and Interpretation of Standards, 29 May 2018. 3 Full Circle Real Estate v Danielle Piper [2019] NZDC 4947. 4 Smith v Accessible Properties New Zealand Limited [2019] NZCA 38, at [16]. Discussion

The landlord undertook methamphetamine testing at the commencement of the tenancy. The test dated 29 April 2025 showed levels below what is considered by the Tribunal to require decontamination.

After the tenancy ended on 30 May 2025, the landlord obtained further testing. The report dated 5 June 2025 showed the following levels: a. Lounge (A) – 27μg/100cm 2 b. Lounge (B) – 16.1μg/100cm 2 c. Ensuite – 28μg/100cm 2 d. Master bedroom – 19.2μg/100cm 2

On review of the evidence, I am satisfied that: a. The contamination was caused during the tenancy. b. The level of methamphetamine detected is likely to constitute a health hazard and therefore entitles the landlord to claim the costs of testing and decontaminating the premises.

The landlord claims for the insurance excess of $2,500.00 for the cost to decontaminate the property and has provided insurance documentation in support.

The landlord also claims for the cost to test the premises for methamphetamine due to the positive results of $2,645.00.

The amounts ordered are proved. Exemplary damages

The landlord claims the tenant has used the premises unlawfully, by using the premises for the consumption of methamphetamine and seeks exemplary damages for this unlawful act.

Exemplary damages are designed to punish and deter; they are like a fine. They are awarded at the Tribunal’s discretion when one party has proven that the other party has committed a defined unlawful act. If that is proven, and before the Tribunal may award exemplary damages, it must take account of the factors set out in section 109 of the RTA. Those factors are: a. The intention of the person; b. The effect of the unlawful act; c. The interests of the party against whom the unlawful act was committed; and d. The public interest.

A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) RTA.

Methamphetamine is a Class A controlled drug and consumption is unlawful under the Misuse of Drugs Act 1975.

I have determined above that based on the evidence, methamphetamine was used at the premises during the tenancy and therefore the tenant has committed an unlawful act.

The use of methamphetamine must be considered intentional either by the tenant or others at the premises with the tenant’s permission. In doing so, there was significant damage caused to the property to decontaminate and ensure the property was safe for future habitation.

The maximum award of exemplary damages for this unlawful act is $1,800.00. In consideration of the factors in section 109 of the RTA, I award the landlord exemplary damages of $900.00. See section 40(3A)(c) and Schedule 1A RTA.

Because Eves Realty Limited as agent for Michael & Angela Van Welie has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 15 August 2025

Reasons

Claims and awards in Tenancy Tribunal application 5282590 — net $5,156.09 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates to 30 May 2025	$9.09	Water rates to 30 May 2025
Methamphetamine testing	$2,645.00	Methamphetamine testing
Methamphetamine decontamination (insurance excess	$2,500.00	Methamphetamine decontamination (insurance excess
Exemplary damages: Unlawful act	$900.00	Unlawful act
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$5,156.09
Total payable by Tenant to Landlord	$5,156.09