What was Tenancy Tribunal case 5334507 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5334507?

Filing Fee: $28.00 awarded to landlord; Rent: $4,876.52 awarded to landlord

What type of tenancy dispute was case 5334507?

The dispute type was not classified.

Where can I read the official tribunal order for case 5334507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13196961-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5334507 about?

The tribunal order states: The Tribunal orders suppression of the tenant’s name and identifying details.

How much money was awarded in case 5334507?

Filing Fee: $28.00 awarded to landlord; Rent: $4,876.52 awarded to landlord

What type of tenancy dispute was case 5334507?

The dispute type was not classified.

Where can I read the official tribunal order for case 5334507?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13196961-Tribunal_Order_Redacted.pdf.

Unit/Flat Flat 1, 4 Eulogy Place, Randwick Park, Auckland Tenancy Tribunal Case 5334507 — Tenancy dispute

Tenantcheck Insights

Reasons

Claims and awards in Tenancy Tribunal application 5334507 — net $4,904.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 12 May 2025	$4,876.52	Rent to 12 May 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,904.52
Total payable by Tenant to Landlord	$4,904.52

The landlord attended the hearing today.

The landlord has applied for rent arrears and compensation. Rent Arrears

The tenancy ended on 12 May 2025 when the tenant was evicted. The landlord provided rent records which prove the amount owing at the end of the tenancy. Methamphetamine Costs

The landlord claims both testing and decontamination costs.

Section 40(2)(b) of the Residential Tenancies Act 1986 (the Act) provides that a tenant must not use, or permit the premises to be used, for an unlawful purpose.

It is an offence under the Misuse of Drugs Act 1975 to manufacture, possess or use any controlled drug, or to knowingly permit any premises to be used for the purpose of consuming controlled drugs (sections 6, 7 and 12). It follows that methamphetamine use or manufacture at residential premises is a breach of section 40(2)(b) and an “unlawful act” for which exemplary damages may be awarded.

In June 2017, Standards New Zealand published standard NZS 8510:2017 (the NZ Standard) for testing and decontamination of methamphetamine- contaminated properties. This adopted a standard of 1.5ug/100cm² for high use areas, for both manufacture and use.

Professor Gluckman, at that time the government’s chief science advisor, authored a report dated 29 May 2018 which concluded that methamphetamine levels exceeding the NZ Standard level of 1.5ug/100cm² “...should not be regarded as signaling a health risk”. The report said that exposure to methamphetamine levels below 15ug/100cm² would be unlikely to give rise to any adverse effects.

In Full Circle Real Estate v Piper [2019] NZDC 4947 the District Court had to determine whether the level of methamphetamine contamination would present a risk to human health. Where there is a risk to human health from such contamination, the property can be said to be damaged. The District Court said the Gluckman report constituted the best available knowledge of the risks to human health from methamphetamine contamination. I interpret this case as confirmation that the Gluckman report is to be applied rather than the NZ Standard when determining whether there is damage. Therefore, it must be established not only that the premises are contaminated, but that there is contamination above 15ug/100cm².

The Tribunal has not been provided with the results of the various tests, which were all performed after the end of the tenancy. Methamphetamine testing does not seem to have been undertaken prior to the tenancy, which started in October 2018. The only indication that there has been methamphetamine use is in an email from insurers dated 24 October 2025, which implies that a reading was taken from a heat pump installed during the tenancy. However, the Tribunal has no evidence of the reading or the extent of the contamination it might reveal.

On the evidence presented, there is no basis to award testing or decontamination costs. It has not been established that the tenant was using illegal drugs at the premises, or that any contamination meant the premises were damaged and required decontamination. This part of the application cannot succeed and must be dismissed. Filing Fee and Name Suppression

The landlord has succeeded in obtaining an award for rent arrears. I exercise my discretion to award the filing fee.

I grant suppression to the tenant pursuant to section 95A(4) of the Act. The allegations made were serious, potentially damaging, and have not been proven.

Reasons

Claims and awards in Tenancy Tribunal application 5334507 — net $4,904.52 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent to 12 May 2025	$4,876.52	Rent to 12 May 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$4,904.52
Total payable by Tenant to Landlord	$4,904.52

The landlord attended the hearing today.

The landlord has applied for rent arrears and compensation. Rent Arrears

The tenancy ended on 12 May 2025 when the tenant was evicted. The landlord provided rent records which prove the amount owing at the end of the tenancy. Methamphetamine Costs

The landlord claims both testing and decontamination costs.

Section 40(2)(b) of the Residential Tenancies Act 1986 (the Act) provides that a tenant must not use, or permit the premises to be used, for an unlawful purpose.

The landlord has succeeded in obtaining an award for rent arrears. I exercise my discretion to award the filing fee.

I grant suppression to the tenant pursuant to section 95A(4) of the Act. The allegations made were serious, potentially damaging, and have not been proven.

Tenancy Tribunal case 5334507 — Tenancy dispute at Unit/Flat Flat 1, 4 Eulogy Place, Randwick Park, Auckland

At a glance

Tenancy Tribunal case 5334507 — Tenancy dispute at Unit/Flat Flat 1, 4 Eulogy Place, Randwick Park, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions