What was Tenancy Tribunal case 5316239 about?

The tribunal order states: The landlord’s application for rent arrears is no longer being pursued and is

How much money was awarded in case 5316239?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5316239?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5316239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12532123-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5316239 about?

The tribunal order states: The landlord’s application for rent arrears is no longer being pursued and is

How much money was awarded in case 5316239?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5316239?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5316239?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12532123-Tribunal_Order_Redacted.pdf.

8 Jenner Place, Avondale, Auckland 0600 Tenancy Tribunal Case 5316239 — Rent arrears

Reasons

Reissue of order and decision

This decision is reissued on 8 October 2025 following the discovery that the original order was inadvertently released with errors. The Tribunal apologises for any confusion or inconvenience caused. Landlord’s advice of substantive Tribunal hearing no longer being required

On 24 September 2025, the landlord informed the Registry that the application for rent arrears had been resolved, stating: “I think a Tenancy Hearing will not be suitable at the moment. Can we still go ahead with the hearing only to claim the application fees?” The Tribunal hearing – should the filing fee be reimbursed?

The landlord attended the scheduled hearing on 26 September 2025, which was conducted by phone. The tenant did not attend.

The landlord advised it did not wish to withdraw the application on record, as it still sought reimbursement of the $28.00 filing fee.

The Tribunal referred the landlord to section 102(4) of the Residential Tenancies Act 1986, which provides (emphasis added): (a)If the applicant has been wholly successful in their claim, the Tribunal must order the respondent to pay the filing fee. (b) If the applicant has been partly successful, the Tribunal may order reimbursement of the filing fee.

Whether a claim is wholly or partly successful depends on the orders that have been made in the applicant’s favour: Forrester v Merwald [2021] NZHC 2659.

In this case, no substantive orders were sought or required, so the application for rent arrears could either be withdrawn or dismissed.

The landlord chose not to withdraw the claim and instead continued seeking reimbursement of the filing fee, citing only that the owner believed the application had prompted resolution of the arrears.

These circumstances do not fall within the scope of section 102(4). Section 102(1) makes it clear that unless a qualifying subsection applies, "the Tribunal shall have no power to award costs to or against any party to proceedings before it."

The landlord subsequently requested a conditional termination order to enable a claim for the filing fee. This is improper, inappropriate, and an abuse of process – particularly given the landlord’s earlier statement to the Registry that a hearing was no longer necessary. The Tribunal processes cannot be used to manufacture outcomes as this is contrary to its intended function and impartiality.

As the landlord declined to withdraw its applications – despite the arrears being resolved and the claim for the filing fee not meeting statutory thresholds – both applications are dismissed.

Should costs be ordered against the landlord?

The Tribunal notes that it may order a party to pay reasonable costs to the other party in specific circumstances, such as where the claim is frivolous or vexatious, the parties are legally represented, the matter should have been resolved at mediation, or a party failed to attend without reasonable excuse (section 102(2), (3)(b), Residential Tenancies Act 1986).

However, despite the circumstances and outcome, no costs order is made against the landlord.

Should the Tribunal grant suppression to the tenant?

Considering the overall outcome, suppression of the tenant’s name and identifying details is ordered under section 95A of the Residential Tenancies Act 1986.

Order

The landlord’s application for rent arrears is no longer being pursued and is therefore dismissed.
The landlord’s application for reimbursement of the filing fee is also dismissed.
The Tribunal orders suppression of the tenant’s name and any identifying details.

Reasons

Reissue of order and decision

This decision is reissued on 8 October 2025 following the discovery that the original order was inadvertently released with errors. The Tribunal apologises for any confusion or inconvenience caused. Landlord’s advice of substantive Tribunal hearing no longer being required
On 24 September 2025, the landlord informed the Registry that the application for rent arrears had been resolved, stating: “I think a Tenancy Hearing will not be suitable at the moment. Can we still go ahead with the hearing only to claim the application fees?” The Tribunal hearing – should the filing fee be reimbursed?
The landlord attended the scheduled hearing on 26 September 2025, which was conducted by phone. The tenant did not attend.
The landlord advised it did not wish to withdraw the application on record, as it still sought reimbursement of the $28.00 filing fee.
The Tribunal referred the landlord to section 102(4) of the Residential Tenancies Act 1986, which provides (emphasis added): (a)If the applicant has been wholly successful in their claim, the Tribunal must order the respondent to pay the filing fee. (b) If the applicant has been partly successful, the Tribunal may order reimbursement of the filing fee.
Whether a claim is wholly or partly successful depends on the orders that have been made in the applicant’s favour: Forrester v Merwald [2021] NZHC 2659.
In this case, no substantive orders were sought or required, so the application for rent arrears could either be withdrawn or dismissed.
The landlord chose not to withdraw the claim and instead continued seeking reimbursement of the filing fee, citing only that the owner believed the application had prompted resolution of the arrears.
These circumstances do not fall within the scope of section 102(4). Section 102(1) makes it clear that unless a qualifying subsection applies, "the Tribunal shall have no power to award costs to or against any party to proceedings before it."
The landlord subsequently requested a conditional termination order to enable a claim for the filing fee. This is improper, inappropriate, and an abuse of process – particularly given the landlord’s earlier statement to the Registry that a hearing was no longer necessary. The Tribunal processes cannot be used to manufacture outcomes as this is contrary to its intended function and impartiality.
As the landlord declined to withdraw its applications – despite the arrears being resolved and the claim for the filing fee not meeting statutory thresholds – both applications are dismissed.

Should costs be ordered against the landlord?

The Tribunal notes that it may order a party to pay reasonable costs to the other party in specific circumstances, such as where the claim is frivolous or vexatious, the parties are legally represented, the matter should have been resolved at mediation, or a party failed to attend without reasonable excuse (section 102(2), (3)(b), Residential Tenancies Act 1986).
However, despite the circumstances and outcome, no costs order is made against the landlord.

Should the Tribunal grant suppression to the tenant?

Considering the overall outcome, suppression of the tenant’s name and identifying details is ordered under section 95A of the Residential Tenancies Act 1986.

Tenancy Tribunal case 5316239 — Rent arrears at 8 Jenner Place, Avondale, Auckland 0600

At a glance

Tenancy Tribunal case 5316239 — Rent arrears at 8 Jenner Place, Avondale, Auckland 0600

At a glance

Claims & awards

Order

Reasons

Should costs be ordered against the landlord?

Should the Tribunal grant suppression to the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Should costs be ordered against the landlord?

Should the Tribunal grant suppression to the tenant?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions