What was Tenancy Tribunal case 5342788 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 5342788?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,302.86 awarded to landlord

What type of tenancy dispute was case 5342788?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5342788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12636874-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5342788 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 5342788?

Filing Fee: $28.00 awarded to landlord; Rent Arrears: $1,302.86 awarded to landlord

What type of tenancy dispute was case 5342788?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5342788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12636874-Tribunal_Order_Redacted.pdf.

2 Root Street, Gisborne, Gisborne 4010 Tenancy Tribunal Case 5342788 — Rent arrears

Claims and awards in Tenancy Tribunal application 5342788 — net $1,330.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (28 October 2025	$1,302.86	Rent arrears (28 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,330.86
Total payable by Tenant to Landlord	$1,330.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Davina Mako Kingi owes [The landlord/s] $1,330.86 (“the debt”) as set out in the table below:
Davina Mako Kingi must pay rent and the debt as follows: a. By 26 weekly payments of $740.00, being $690.00 for rent and $50.00 for the debt. b. A final payment of $720.86, being $690.00 for rent and $30.86 for the debt. c. Payments will be every Friday, with the first payment on 07/11/2025 and continuing until 08/05/2026.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at 2 Root Street, Gisborne, Gisborne 4010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The hearing proceeded by way of telephone conference. [Property Manager], Property Manager, appeared for the landlord. Unsuccessful attempts were made to join the tenant to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, refund of the bond and reimbursement of the filing fee. At the hearing the landlord sought a conditional termination of the tenancy.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Act.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord has served three 14-day breach notices on the tenant for rent arrears.
The first notice was served on 31 July 2025 advising the tenant they were $1,380.00 in rent arrears. The updated rent scheduled proves the tenant paid $1,380.00 on 5 August 2025 but remained $690.00 in rent arrears.
The second breach notice was served on the tenant on 8 August 2025 advising the tenant that they were $690.00 in rent arrears. The breach was not remedied.
The third breach notice was served on 20 August 2025 advising the tenant that they were $492.86 in rent arrears. The breach was not remedied.
The landlord produced an up-to-date rent record which proved the amount owing to 28 October 2025 totalled $1,302.86.
The rent records indicate that the tenant has remained consistently in rent arrears since 17 July 2025. Since 1 September 2025 the tenant has been short paying her rent by $15.00 per week.
The Tribunal finds that it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The tenant has failed to remedy three 14-day breach notices. b. The tenant has breached their obligations by failing to pay their rent as and when it falls due under the tenancy agreement, see section 40(1)(a) of the Act. c. The rent records prove the tenant has been consistently in rent arrears since 17 July 2025 and since 1 September 2025 has been short paying her rent by $15.00 per week.

Should a conditional termination order be made?

At the hearing the landlord sought a conditional termination order. The landlord told the Tribunal the tenant resides at the property with four school age children. The tenant has arranged for Work and Income New Zealand (WINZ) to pay $675.00 rent directly from her benefit to the landlord. The landlord wants to work with the tenant to clear the arrears and help her retain the tenancy.
In these circumstances, despite my finding that it would be inequitable to refuse to terminate the tenancy, I am satisfied that it is appropriate for a conditional termination order to be made. See section 78(3) of the Act.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) of the Act. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case. The landlord has been wholly successful and is granted name suppression.

Claims and awards in Tenancy Tribunal application 5342788 — net $1,330.86 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (28 October 2025	$1,302.86	Rent arrears (28 October 2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$1,330.86
Total payable by Tenant to Landlord	$1,330.86

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Davina Mako Kingi owes [The landlord/s] $1,330.86 (“the debt”) as set out in the table below:
Davina Mako Kingi must pay rent and the debt as follows: a. By 26 weekly payments of $740.00, being $690.00 for rent and $50.00 for the debt. b. A final payment of $720.86, being $690.00 for rent and $30.86 for the debt. c. Payments will be every Friday, with the first payment on 07/11/2025 and continuing until 08/05/2026.
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within five working days of the due dates: a. The tenancy at 2 Root Street, Gisborne, Gisborne 4010 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.

Reasons

The hearing proceeded by way of telephone conference. [Property Manager], Property Manager, appeared for the landlord. Unsuccessful attempts were made to join the tenant to the hearing by telephone. The Tribunal was satisfied that the tenant was properly served with the notice of hearing and the case proceeded in their absence.
The landlord has applied for termination of the tenancy for breach of the tenant’s obligations, refund of the bond and reimbursement of the filing fee. At the hearing the landlord sought a conditional termination of the tenancy.
The onus of proving these claims rests with the landlord. The standard required is on the balance of probabilities. The landlord must establish more likely than not that the tenant has breached the terms of the agreement or provisions of the Residential Tenancies Act 1986 (the “Act”).

Should the tenancy be terminated?

The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) of the Act.
Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
The landlord has served three 14-day breach notices on the tenant for rent arrears.
The first notice was served on 31 July 2025 advising the tenant they were $1,380.00 in rent arrears. The updated rent scheduled proves the tenant paid $1,380.00 on 5 August 2025 but remained $690.00 in rent arrears.
The second breach notice was served on the tenant on 8 August 2025 advising the tenant that they were $690.00 in rent arrears. The breach was not remedied.
The third breach notice was served on 20 August 2025 advising the tenant that they were $492.86 in rent arrears. The breach was not remedied.
The landlord produced an up-to-date rent record which proved the amount owing to 28 October 2025 totalled $1,302.86.
The rent records indicate that the tenant has remained consistently in rent arrears since 17 July 2025. Since 1 September 2025 the tenant has been short paying her rent by $15.00 per week.
The Tribunal finds that it would be inequitable to refuse to terminate the tenancy for the following reasons: a. The tenant has failed to remedy three 14-day breach notices. b. The tenant has breached their obligations by failing to pay their rent as and when it falls due under the tenancy agreement, see section 40(1)(a) of the Act. c. The rent records prove the tenant has been consistently in rent arrears since 17 July 2025 and since 1 September 2025 has been short paying her rent by $15.00 per week.

Should a conditional termination order be made?

At the hearing the landlord sought a conditional termination order. The landlord told the Tribunal the tenant resides at the property with four school age children. The tenant has arranged for Work and Income New Zealand (WINZ) to pay $675.00 rent directly from her benefit to the landlord. The landlord wants to work with the tenant to clear the arrears and help her retain the tenancy.
In these circumstances, despite my finding that it would be inequitable to refuse to terminate the tenancy, I am satisfied that it is appropriate for a conditional termination order to be made. See section 78(3) of the Act.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order is enforceable for 90 days from the first breach. See section 64(4)(b) of the Act. Costs
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee. Name Suppression
Section 95A of the Act provides that on the application of a party that has been wholly or substantially successful in proceedings, the Tribunal must order that the name or identifying particulars not be published, unless the Tribunal considers that it is in the public interest to publish the names of the parties, or is justified because of the parties’ conduct, or any other circumstances of the case. The landlord has been wholly successful and is granted name suppression.

Tenancy Tribunal case 5342788 — Rent arrears at 2 Root Street, Gisborne, Gisborne 4010

At a glance

Tenancy Tribunal case 5342788 — Rent arrears at 2 Root Street, Gisborne, Gisborne 4010

At a glance

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should the tenancy be terminated?

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions