Published tribunal order
Tenancy Tribunal case 5347041 — Exemplary damages at 818 Rings Road, Coromandel, Coromandel 3506
Decided 18 Feb 2026 · Published 18 Feb 2026 · Application 5347041
- Exemplary damages
- Healthy homes
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
- Leanne Hawley must pay [The tenant/s] $1,423.00 immediately.
Reasons
- The tenant attended the hearing. The landlord did not appear, and the hearing continued in their absence.
- The tenancy began on 22 July 2023 and ended on 15 August 2025. A prehearing case conference was heard, and an order issued on 21 January 2026.The landlord did not attend the case conference.
- The tenant filed an application for exemplary damages for, breaches of the landlords’ obligations, refund of the bond, failure to lodge the bond, breach of Healthy Homes Standards, unlawful entry, failure to provide Healthy Homes information, and refund of filing fee following the of the tenancy. Failure to maintain.
- The tenant said that the landlord failed to repair the bathroom floor but was unable to provide evidence to support this. This claim is dismissed. Refund of bond
- The tenant has applied for refund of the bond. The landlord has a claim against the bond but has not filed a counterclaim with Tenancy Services.
- Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant. Bond lodgement
- [The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
- A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
- Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
- The tenant provided evidence of the tenancy agreement showing a rent and bond receipt, which include the individual amounts received and date paid, being 20 July 2023.
- The tenant also provided a copy of a regenerated letter from WINZ detailing the bond and rent in advance grant of the same amounts. It stated that ‘we will pay the supplier directly tonight’. I am satisfied that the bond amount has been paid to the landlord.
- The tenant said that tenancy services had no record of the bond being paid into the bond centre. The Tribunal also was unable to confirm that a bond was lodged.
- The tenant provided a copy of a text from the landlord stating. ’you were a temporary tenant...bond does not have to be lodged...idiot’.
- I disagree. There was signed tenancy agreement, and the provisions of the RTA apply. I am satisfied that the landlord has failed to lodge the bond as required by section 19(1) Residential Tenancies Act 1986, RTA.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
- This act was intentional, and the effect was that the tenant has not has use or access to her money. A bond is to be held by the bond centre, an independent third party, as a surety for claims. This was not forgetfulness; the landlord has chosen to hold the bond and appears to not understand the requirement of the RTA. I find it just to make an award exemplary damage and the higher end of the scale being $1125.00. Compliance with Healthy Homes Standards
- [The tenant/s] claims that the landlord has breached the landlord’s obligations under section 45(1)(bb) of the Residential Tenancies Act 1986 (RTA), which requires compliance with the Residential Tenancies (Healthy Homes Standards) 2019 (HHS). [The tenant/s] considers that the landlord has failed to comply with the HHS insulation, heating and ventilation standards.
- The tenant said that the premises were cold and mouldy and believed that they were not insulated. However, there was no evidence provided to support this claim and it is dismissed.
- Compliance dates for the HHS vary depending on the tenancy: a. For private rentals i. If the tenancy commenced between 1 July 2021 and before 28 August 2022, the rental must comply within 90 days of the commencement of any new or renewed tenancy; or ii. If the tenancy commenced between 28 August 2022 but before 3 March 2025, the rental must comply within 120 days of the commencement of any new or renewed tenancy. iii. All private rentals must comply by 1 July 2025. b. All boarding houses must comply by 1 July 2021. c. All houses rented by Kāinga Ora and registered Community Housing Providers must comply by 1 July 2024.
- The heating pump at the premises was installed on 14 April 2024 and I find that there is no breach of the HHS in relation to heating.
- The ventilation standard sets out minimum expectations around windows and doors, and in particular the area of doors and windows that are openable. The standard also requires that each kitchen and bathroom have extractor fans installed with a minimum defined extraction capacity.
- The HHS does provide exemptions in specific circumstances.
- Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $7,200.00. See section 45(1A).
- In this case I have determined that there was not an extractor fan installed in the bathroom. Photographs of the bathroom and the 14-day letter dated 19 March 2024 asking for extractor fans to be installed were provided.
- There was not enough evidence provided to establish that an extractor fan was not installed in the kitchen.
- I find Leanne Hawley committed an unlawful act.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interest of the other party, and the public interest. See section 109(3) RTA.
- Considering those factors, I have determined that the landlord knew what was required to comply with the RTA and chose not to. The Healthy Homes Standards were introduced to ensure that rental properties were safe, warm and dry and it is important that landlords comply with them.I find it just to award $800.00 for breach of the HHS ventilation standard. Unlawful entry/lack of notice
- [The tenant/s] claims the landlord has entered the premises without consent or notice.
- A landlord may not enter the premises during the tenancy except with the tenant's consent, in an emergency, or after giving the required notice for inspections and repairs and maintenance. See section 48(1) and (2) Residential Tenancies Act 1986.
- The tenant was unable to provide the text messages that she believed established this claim. This claim is dismissed. Breach of landlords’ obligations to provide information
- [The tenant/s] claims that the landlord has breached their obligations under section 45 of the Residential Tenancies Act 1986.
- Under section 45, a landlord must, if requested by the tenant, supply the records or other documents that relate to the landlords’ compliance with the Healthy Homes Standards within 21 days after receiving the request.
- Breaching any of these obligations without a reasonable excuse is an unlawful act for which exemplary damages may be awarded up to a maximum of $750.00. See section 45(1AD) and Schedule 1A Residential Tenancies Act 1986.
- The landlord received a 14-day notice on 19 March 2024 which stated that the landlord had breached their obligations as a landlord by failing to provide a copy of the healthy home form.
- Prior to the tenancy starting, on 3 July 2023 the landlord emailed the tenant, ‘I’ve filled in as much as I can” which the tenant said was in response to her asking about the Healthy Homes compliance.
- The tenancy ended on 15 August 2025 and the tenant never received any documents that relate to the landlords’ compliance with the Healthy Homes Standards.
- I find that the tenant requested the information in the 14-day notice and the landlord failed to comply. I find they have committed an unlawful act.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied it would be just to do so, having regard to the party’s intent, the effect of the unlawful act, the interests of the other party, and the public interest. See section 109(3) Residential Tenancies Act 1986.
- A landlord is required to provide Healthy Homes information, and this was not produced. This information is important for a tenant and a should be readily available. It is in the public interest that landlords know and comply with the requirements of the RTA.I find it just to award $250.00 in exemplary damages.
- Because [The applicant/s] has substantially succeeded with the claim I have reimbursed the filing fee and grant name suppression as requested.