How much money was awarded in case 5339261?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,431.43 awarded to landlord

What type of tenancy dispute was case 5339261?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5339261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12425542-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5339261?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $2,431.43 awarded to landlord

What type of tenancy dispute was case 5339261?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5339261?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12425542-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5339261 — Rent arrears

Q: What was Tenancy Tribunal case 5339261 about?

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

Order

Claims and awards in Tenancy Tribunal application 5339261 — net $2,459.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September	$2,431.43	Rent arrears to 17 September
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,459.43
Total payable by Tenant to Landlord	$2,459.43

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.

The tenancy at 145 Elizabeth Street, Tauhara, Taupo 3330 is terminated immediately and possession granted to [The applicant/s]

Sonny Hetaraka must pay [The landlord/s] $2,788.00 immediately, as calculated below.

Reasons

The landlord attended the hearing which was conducted via video. There was no appearance for the tenant.

The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. Has the tenant received notice of today’s hearing?

On 18 August 2025, the landlord received an email from the tenant’s sister advising that Mr Hetaraka was in prison. There was ongoing email communication with the tenant’s sister in which the landlord attempted to get written notice from the tenant, but that was not forthcoming. His sister said that her brother had access to only one email a day.

It appears from notes on the Tribunal’s file that Tenancy Services have tried to ascertain which correction facility the tenant is at, but there is nothing on the file to indicate that the tenant had notice of this hearing via post.

The landlord has visited the premises since they were told that the tenant was in prison and it does not appear he is living there.

Yesterday (16 September 2025) the landlord received a handwritten letter that had been sent to a previous property management company. The tenant confirms that he is in prison. One side of the letter is dated 11 August and says that he has been arrested and wants to give notice to terminate the tenancy. The other side is dated 19 August and says that he has not been sentenced and was on remand to 27 August 2025.

The landlord also visited the property yesterday and found the property unlocked, curtains removed and other damage.

I am satisfied that either: a. The tenant is no longer in prison, which case he has access to emails. The notice of hearing was emailed to an address that was provided on the tenancy agreement as an email address for service, in which case, he has received notice of the hearing under section 91A(1)(e). b. The tenant remains in prison, in which case I dispense with service under section 91B(2)(c). If he is in prison he is unable to live at the premises, he has no income and has not been paying rent. Prolonging these proceedings would allow the rent arrears to build up, which is not in the interests of either party.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.

On 18 August the landlord became aware that the tenant was in prison and had therefore abandoned the premises. The landlord has provided a rent summary which shows that the rent is in arrears.

Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove that $1,774.29 was the amount owing at 8 September, being date of abandonment (18 August) plus 21 days in lieu of notice. The rent remains unpaid and so the amount ordered includes a further 10 days up to and including today.

Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

There was no application for refund of the bond, but the landlord will be making a further application for compensation and may include an application for refund of bond at that stage.

Claims and awards in Tenancy Tribunal application 5339261 — net $2,459.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 September	$2,431.43	Rent arrears to 17 September
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,459.43
Total payable by Tenant to Landlord	$2,459.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
The tenancy at 145 Elizabeth Street, Tauhara, Taupo 3330 is terminated immediately and possession granted to [The applicant/s]
Sonny Hetaraka must pay [The landlord/s] $2,788.00 immediately, as calculated below.

Reasons

The landlord attended the hearing which was conducted via video. There was no appearance for the tenant.
The landlord has applied for termination of the tenancy for abandonment, rent arrears and refund of the bond. Has the tenant received notice of today’s hearing?
On 18 August 2025, the landlord received an email from the tenant’s sister advising that Mr Hetaraka was in prison. There was ongoing email communication with the tenant’s sister in which the landlord attempted to get written notice from the tenant, but that was not forthcoming. His sister said that her brother had access to only one email a day.
It appears from notes on the Tribunal’s file that Tenancy Services have tried to ascertain which correction facility the tenant is at, but there is nothing on the file to indicate that the tenant had notice of this hearing via post.
The landlord has visited the premises since they were told that the tenant was in prison and it does not appear he is living there.
Yesterday (16 September 2025) the landlord received a handwritten letter that had been sent to a previous property management company. The tenant confirms that he is in prison. One side of the letter is dated 11 August and says that he has been arrested and wants to give notice to terminate the tenancy. The other side is dated 19 August and says that he has not been sentenced and was on remand to 27 August 2025.
The landlord also visited the property yesterday and found the property unlocked, curtains removed and other damage.
I am satisfied that either: a. The tenant is no longer in prison, which case he has access to emails. The notice of hearing was emailed to an address that was provided on the tenancy agreement as an email address for service, in which case, he has received notice of the hearing under section 91A(1)(e). b. The tenant remains in prison, in which case I dispense with service under section 91B(2)(c). If he is in prison he is unable to live at the premises, he has no income and has not been paying rent. Prolonging these proceedings would allow the rent arrears to build up, which is not in the interests of either party.

Should the tenancy be terminated?

The Tribunal may terminate the tenancy where the premises have been abandoned and rent is in arrear at the hearing date. See section 61 Residential Tenancies Act 1986. A tenancy is abandoned where the tenant leaves the premises without reasonable excuse, not intending to return or to meet their obligations, and fails to notify the landlord.
On 18 August the landlord became aware that the tenant was in prison and had therefore abandoned the premises. The landlord has provided a rent summary which shows that the rent is in arrears.
Because the premises have been abandoned, and rent is in arrear, the tenancy is terminated immediately.

How much does the tenant owe?

The landlord provided rent records which prove that $1,774.29 was the amount owing at 8 September, being date of abandonment (18 August) plus 21 days in lieu of notice. The rent remains unpaid and so the amount ordered includes a further 10 days up to and including today.
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.
There was no application for refund of the bond, but the landlord will be making a further application for compensation and may include an application for refund of bond at that stage.

Tenancy Tribunal case 5339261 — Rent arrears

At a glance

Tenancy Tribunal case 5339261 — Rent arrears

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

How much does the tenant owe?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions