What was Tenancy Tribunal case 5308939 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 5308939?

Property Damage: $700.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5308939?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5308939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12512696-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5308939 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 5308939?

Property Damage: $700.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5308939?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5308939?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12512696-Tribunal_Order_Redacted.pdf.

19A Rue d'Amarres, Gulf Harbour, Whangaparaoa 0930 Tenancy Tribunal Case 5308939 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 5308939 — net $728.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages for failure to lodge the bond	$700.00	Exemplary damages for failure to lodge the bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$728.00
Total payable by Landlord to Tenant	$728.00

Only then tenant attended the hearing which was held by video conference. When the landlord did not join the video conference the Tribunal attempted to call the landlord by phone but the call went to voicemail.

I am satisfied that the landlord has been served with the tenant’s application in accordance with the relevant provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the landlord’s absence.

This tenancy began on 12 September 2023 and ended on 1 April 2025. Rent was $500 per week. The tenant paid a bond of $2000.

[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.

He says that there was a dispute about the bond following the tenancy and that landlord would not agree to release the bond because of claimed “damage” which the tenant strongly disputes.

During the dispute the tenant contacted the Bond Centre to enquire about the bond only to discover that the bond had never been lodged. The landlord then paid the bond amount directly to the tenant on 28 June 2025.

The tenant produced copies of various texts and email correspondence with the landlord.

Did the landlord comply with their obligations?

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.

Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.

I find on the balance of probabilities that the landlord has not lodged the bond at all. I find they have committed an unlawful act.

Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.

The obligation to lodge the bond with the Bond Centre is so fundamental that a failure to do so will almost always be regarded as intentional.

It is in the public interest for bond monies to be protected, so that if there is a dispute the bond is held pending resolution by the Tribunal.

On the first occasion that a party breaches the RTA it is usual to award exemplary damages of approximately 1/3 the maximum amount.

In this instance I award exemplary damages in the amount of $700.00 as the landlord not only failed to lodge the bond but has caused delay in the refund of the bond.

As the tenant has been the successful party I have reimbursed the filing fee and have made an order for name suppression pursuant to section 95A RTA.

Claims and awards in Tenancy Tribunal application 5308939 — net $728.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages for failure to lodge the bond	$700.00	Exemplary damages for failure to lodge the bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$728.00
Total payable by Landlord to Tenant	$728.00

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
The Landlord must pay the sum of $728.00 to the Tenant immediately, calculated as set out in the table below:

Reasons

Only then tenant attended the hearing which was held by video conference. When the landlord did not join the video conference the Tribunal attempted to call the landlord by phone but the call went to voicemail.
I am satisfied that the landlord has been served with the tenant’s application in accordance with the relevant provisions of the Residential Tenancies Act 1986 and so the hearing proceeded in the landlord’s absence.
This tenancy began on 12 September 2023 and ended on 1 April 2025. Rent was $500 per week. The tenant paid a bond of $2000.
[The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
He says that there was a dispute about the bond following the tenancy and that landlord would not agree to release the bond because of claimed “damage” which the tenant strongly disputes.
During the dispute the tenant contacted the Bond Centre to enquire about the bond only to discover that the bond had never been lodged. The landlord then paid the bond amount directly to the tenant on 28 June 2025.
The tenant produced copies of various texts and email correspondence with the landlord.

Did the landlord comply with their obligations?

A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
I find on the balance of probabilities that the landlord has not lodged the bond at all. I find they have committed an unlawful act.
Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied 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.
The obligation to lodge the bond with the Bond Centre is so fundamental that a failure to do so will almost always be regarded as intentional.
It is in the public interest for bond monies to be protected, so that if there is a dispute the bond is held pending resolution by the Tribunal.
On the first occasion that a party breaches the RTA it is usual to award exemplary damages of approximately 1/3 the maximum amount.
In this instance I award exemplary damages in the amount of $700.00 as the landlord not only failed to lodge the bond but has caused delay in the refund of the bond.
As the tenant has been the successful party I have reimbursed the filing fee and have made an order for name suppression pursuant to section 95A RTA.

Tenancy Tribunal case 5308939 — Exemplary damages at 19A Rue d'Amarres, Gulf Harbour, Whangaparaoa 0930

At a glance

Tenancy Tribunal case 5308939 — Exemplary damages at 19A Rue d'Amarres, Gulf Harbour, Whangaparaoa 0930

At a glance

Award balance

Claims & awards

Order

Reasons

Did the landlord comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Did the landlord comply with their obligations?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions