What was Tenancy Tribunal case 5343191 about?

The tribunal order states: [The tenant/s] must grant Kāinga Ora–Homes And Communities, and its

How much money was awarded in case 5343191?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343191?

The primary dispute was 14-day notice. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5343191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12632537-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5343191 about?

The tribunal order states: [The tenant/s] must grant Kāinga Ora–Homes And Communities, and its

How much money was awarded in case 5343191?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5343191?

The primary dispute was 14-day notice. Related themes: Exemplary damages, Harassment.

Where can I read the official tribunal order for case 5343191?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12632537-Tenancy_Tribunal_Order.pdf.

15 De Luen Street, Point Chevalier, Auckland 1022 Tenancy Tribunal Case 5343191 — 14-day notice

Order

[The tenant/s] must grant Kāinga Ora–Homes And Communities, and its designated contractor, access his home at 15 De Luen Street, Point Chevalier, Auckland 1022 in the next 14 days, between the hours of 8 o’clock in the morning and 7 o’clock in the evening, for the purposes of carrying out methamphetamine testing.
Kāinga Ora–Homes And Communities must issue [The tenant/s] with a notice that describes the date and time of the intended entry, the reason for it (including stating the contaminants to be tested for) and giving the tenant at least 48 hours, notice but not more than 14 days notice, before the intended entry.
If [The tenant/s] refuses to comply with the access as set out in orders [1] and [2] above, Kāinga Ora–Homes And Communities may come back to me to apply for conditional termination of the tenancy and/or exemplary damages in response to [The tenant/s]’s continued refusal to grant the Kāinga Ora– Homes And Communities the access he has been ordered to grant.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord confirmed the tenant had spoken to the Housing Support Manager and confirmed he knew the date, time and place of the hearing today and had received the evidence and application submitted by the landlord. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

Should the landlord be granted access to the premise?

The law

Kāinga Ora–Homes And Communities claims the tenant has not allowed them entry to the premises to carry out methamphetamine testing when it is entitled to enter pursuant to: a. Page nine of his tenancy agreement under the header “Can Kāinga Ora enter my home?” where it states “Kāinga Ora staff will only enter your home between 8am and 7pm, after 48 hours notice of the intended entry and the reason for it, to test for contaminants, or taking samples to test, and the contaminants to be tested for, as allowed by the residential tenancies Act”; and b. Section 48(2)(ba) of the RTA which states: “The landlord may enter the premises for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry”.
These contractual and statutory provisions give the landlord the right to enter the tenant’s home during the tenancy to test for methamphetamine contamination, either with the tenant's consent, or after giving the tenant no less than 48 hours’ notice. And no more than 14 days’ notice.
If the tenant breaches these contractual or statutory obligations without reasonable excuse, the Residential Tenancies Act 1986 (“RTA”) confirms it is an unlawful act for which exemplary damages may be awarded against the tenant for up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A RTA. The landlord has confirmed that the tenant’s refusal to comply with this Order may result in it seeking exemplary and/or making an application for conditional termination of the tenancy. Background to the access application
Kāinga Ora–Homes And Communities moved the tenant from his prior tenancy in September 2024, as he had experienced issues with his neighbours and had been engaged in antisocial behaviour. At the end of this tenancy, the premise was routinely tested for contaminants and the test results showed methamphetamine levels in the premise that were higher than the Ministry of Health’s acceptable levels of contamination and higher than the test results at the start of that tenancy. The tenant’s explanation for this increase in methamphetamine contamination was that neighbours had broken into his house when he was in hospital and had a party. Further, they must have smoked methamphetamine while in his house. Additionally, he strongly denied ever having used methamphetamine or having ever had anyone in his house, with his consent, that had used methamphetamine.
On 12 November 2024, Kāinga Ora–Homes And Communities had a conversation with the tenant and informed him that it would like to carry out a methamphetamine test on the premise because it has some concerns about how the prior rental premise had become contaminated. The tenant agreed to this testing being carried out, but Kāinga Ora–Homes And Communities never undertook the testing.
On 26 February 2025, Kāinga Ora–Homes And Communities sent the tenant a letter requesting access to carry out methamphetamine testing. On the morning of the scheduled test, the tenant approached the Housing Support Manager and made threatening statements, stating the test would not proceed. Two corporate care staff and the tester were present and witnessed the threatening behaviour and the refusal to allow the tester and Kāinga Ora–Homes And Communities staff access.
Kāinga Ora–Homes And Communities issued further methamphetamine testing notification letters to the tenant and was repeatedly denied access on the scheduled testing dates as follows: a. 11 June 2025. The tenant was not at home at the scheduled time and testing could not proceed; b. 17 July 2025. A section 56 breach letter was issued, advising that access would be gained using a locksmith; c. On 5 August 2025, a locksmith was engaged, entry gained. The tenant was found inside the property and continued to refuse to allow the testing.
The landlord has confirmed today that the tenant’s continued refusal to allow the landlord access for the purposes of carrying out methamphetamine testing has raised significant concerns, given: a. The tenant’s last premise had been found to have been contaminated with methamphetamine during his tenancy; b. He has had associations with other tenants he clearly believes were methamphetamine users; c. He engaged in disorderly and antisocial behaviour with other tenants on 3 September 2024, for which the New Zealand Police were called, and the tenant was arrested. This incident resulted in the tenant’s neighbours making a compliant about his conduct on 12 September 2024 and the tenant being issued with a section 55A anti-social behaviour notice; d. The tenant has engaged in threatening conduct with the Housing Support Manager. This incident has led to the tenant having a higher risk rating due to his threatening and unpredictable behaviour.
The tenant has never given the landlord any reason for why he is refusing to grant to access to carry out methamphetamine testing. Why access is to be granted to Kāinga Ora–Homes And Communities
The tenant’s continued refusal to grant the landlord access to carry out methamphetamine testing, when it has issued the tenant the required statutorily compliant notices requesting access, combined with his erratic and threatening conduct and the methamphetamine results from his prior tenancy, I consider that Kāinga Ora–Homes And Communities has compelling reasons that justify the granting of an access order.
Additionally, the tenant has signed a tenancy agreement that agrees to allow Kāinga Ora–Homes And Communities to carry out routine contaminant testing and has a statutory obligation to allow such testing to be carried out.
For these reasons, I grant Kāinga Ora–Homes And Communities access to 15 De Luen Street, Point Chevalier, Auckland 1022 in the next 14 days, between the hours of 8 o’clock in the morning and 7 o’clock in the evening, for the purposes of carrying out methamphetamine testing, after receiving the statutorily required/compliant notice.

Order

[The tenant/s] must grant Kāinga Ora–Homes And Communities, and its designated contractor, access his home at 15 De Luen Street, Point Chevalier, Auckland 1022 in the next 14 days, between the hours of 8 o’clock in the morning and 7 o’clock in the evening, for the purposes of carrying out methamphetamine testing.
Kāinga Ora–Homes And Communities must issue [The tenant/s] with a notice that describes the date and time of the intended entry, the reason for it (including stating the contaminants to be tested for) and giving the tenant at least 48 hours, notice but not more than 14 days notice, before the intended entry.
If [The tenant/s] refuses to comply with the access as set out in orders [1] and [2] above, Kāinga Ora–Homes And Communities may come back to me to apply for conditional termination of the tenancy and/or exemplary damages in response to [The tenant/s]’s continued refusal to grant the Kāinga Ora– Homes And Communities the access he has been ordered to grant.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord confirmed the tenant had spoken to the Housing Support Manager and confirmed he knew the date, time and place of the hearing today and had received the evidence and application submitted by the landlord. I am satisfied that the tenant had received proper notice of the hearing time, date and place and chose not to attend.

Should the landlord be granted access to the premise?

The law

Kāinga Ora–Homes And Communities claims the tenant has not allowed them entry to the premises to carry out methamphetamine testing when it is entitled to enter pursuant to: a. Page nine of his tenancy agreement under the header “Can Kāinga Ora enter my home?” where it states “Kāinga Ora staff will only enter your home between 8am and 7pm, after 48 hours notice of the intended entry and the reason for it, to test for contaminants, or taking samples to test, and the contaminants to be tested for, as allowed by the residential tenancies Act”; and b. Section 48(2)(ba) of the RTA which states: “The landlord may enter the premises for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry”.
These contractual and statutory provisions give the landlord the right to enter the tenant’s home during the tenancy to test for methamphetamine contamination, either with the tenant's consent, or after giving the tenant no less than 48 hours’ notice. And no more than 14 days’ notice.
If the tenant breaches these contractual or statutory obligations without reasonable excuse, the Residential Tenancies Act 1986 (“RTA”) confirms it is an unlawful act for which exemplary damages may be awarded against the tenant for up to a maximum of $1,500.00. See section 48 (4)(b) and Schedule 1A RTA. The landlord has confirmed that the tenant’s refusal to comply with this Order may result in it seeking exemplary and/or making an application for conditional termination of the tenancy. Background to the access application
Kāinga Ora–Homes And Communities moved the tenant from his prior tenancy in September 2024, as he had experienced issues with his neighbours and had been engaged in antisocial behaviour. At the end of this tenancy, the premise was routinely tested for contaminants and the test results showed methamphetamine levels in the premise that were higher than the Ministry of Health’s acceptable levels of contamination and higher than the test results at the start of that tenancy. The tenant’s explanation for this increase in methamphetamine contamination was that neighbours had broken into his house when he was in hospital and had a party. Further, they must have smoked methamphetamine while in his house. Additionally, he strongly denied ever having used methamphetamine or having ever had anyone in his house, with his consent, that had used methamphetamine.
On 12 November 2024, Kāinga Ora–Homes And Communities had a conversation with the tenant and informed him that it would like to carry out a methamphetamine test on the premise because it has some concerns about how the prior rental premise had become contaminated. The tenant agreed to this testing being carried out, but Kāinga Ora–Homes And Communities never undertook the testing.
On 26 February 2025, Kāinga Ora–Homes And Communities sent the tenant a letter requesting access to carry out methamphetamine testing. On the morning of the scheduled test, the tenant approached the Housing Support Manager and made threatening statements, stating the test would not proceed. Two corporate care staff and the tester were present and witnessed the threatening behaviour and the refusal to allow the tester and Kāinga Ora–Homes And Communities staff access.
Kāinga Ora–Homes And Communities issued further methamphetamine testing notification letters to the tenant and was repeatedly denied access on the scheduled testing dates as follows: a. 11 June 2025. The tenant was not at home at the scheduled time and testing could not proceed; b. 17 July 2025. A section 56 breach letter was issued, advising that access would be gained using a locksmith; c. On 5 August 2025, a locksmith was engaged, entry gained. The tenant was found inside the property and continued to refuse to allow the testing.
The landlord has confirmed today that the tenant’s continued refusal to allow the landlord access for the purposes of carrying out methamphetamine testing has raised significant concerns, given: a. The tenant’s last premise had been found to have been contaminated with methamphetamine during his tenancy; b. He has had associations with other tenants he clearly believes were methamphetamine users; c. He engaged in disorderly and antisocial behaviour with other tenants on 3 September 2024, for which the New Zealand Police were called, and the tenant was arrested. This incident resulted in the tenant’s neighbours making a compliant about his conduct on 12 September 2024 and the tenant being issued with a section 55A anti-social behaviour notice; d. The tenant has engaged in threatening conduct with the Housing Support Manager. This incident has led to the tenant having a higher risk rating due to his threatening and unpredictable behaviour.
The tenant has never given the landlord any reason for why he is refusing to grant to access to carry out methamphetamine testing. Why access is to be granted to Kāinga Ora–Homes And Communities
The tenant’s continued refusal to grant the landlord access to carry out methamphetamine testing, when it has issued the tenant the required statutorily compliant notices requesting access, combined with his erratic and threatening conduct and the methamphetamine results from his prior tenancy, I consider that Kāinga Ora–Homes And Communities has compelling reasons that justify the granting of an access order.
Additionally, the tenant has signed a tenancy agreement that agrees to allow Kāinga Ora–Homes And Communities to carry out routine contaminant testing and has a statutory obligation to allow such testing to be carried out.
For these reasons, I grant Kāinga Ora–Homes And Communities access to 15 De Luen Street, Point Chevalier, Auckland 1022 in the next 14 days, between the hours of 8 o’clock in the morning and 7 o’clock in the evening, for the purposes of carrying out methamphetamine testing, after receiving the statutorily required/compliant notice.

Tenancy Tribunal case 5343191 — 14-day notice at 15 De Luen Street, Point Chevalier, Auckland 1022

At a glance

Tenancy Tribunal case 5343191 — 14-day notice at 15 De Luen Street, Point Chevalier, Auckland 1022

At a glance

Claims & awards

Order

Reasons

Should the landlord be granted access to the premise?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Should the landlord be granted access to the premise?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions