What was Tenancy Tribunal case 5348732 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 5348732?

Property Damage: $400.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5348732?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5348732?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12886150-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5348732 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 5348732?

Property Damage: $400.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5348732?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5348732?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12886150-Tribunal_Order_Redacted.pdf.

64 Twentysecond Avenue, Gate Pa, Tauranga 3112 Tenancy Tribunal Case 5348732 — Exemplary damages

Reasons

Claims and awards in Tenancy Tribunal application 5348732 — net $513.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$85.43	Bond refund
Exemplary damages	$400.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$513.43
Total payable by Landlord to Tenant	$513.43

This application was scheduled to be heard by video conference. The landlord did not connect to the Teams link provided to her and both calls I made to her telephone number went to voicemail. The hearing proceeded in her absence.

The background to this claim is that the tenant rented a room at the landlord’s boarding house. On 1 September 2025 he gave notice to end the tenancy on 15 September 2025. He had paid rent to 12 September 2025 and so agreed that $128.57 should have been taken from the bond of $600.00 he paid. However the landlord returned only $386.00 to him from the bond and he now makes a claim for the remainder of the bond to be paid to him - $85.43.

He also makes a claim for exemplary damages for the landlord’s failure to lodge the bond.

I accept the evidence indicating that the landlord ought to have returned $471.43 from the bond. This takes into account the 3 days rent that he had not paid. Having only paid him $386.00 from the bond, she is now required to pay him the remaining $85.43.

In any event, s22B(2) of the Residential Tenancies Act 1986 (RTA) provides that if a tenant makes an application to the Tribunal for payment of the bond, then unless the landlord also makes a claim for the bond, the bond must be returned to the tenant.

In this case the landlord has not made a claim against the bond and so I must in any case return the $85.43 remaining in the bond to the tenant.

Further to this, 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.

I accept that the landlord did not send the bond paid by the tenant on 30 May 2025 to the Bond Centre as required.

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.

The landlord clearly intended not to lodge the bond. Given that she did not attend today’s hearing, I do not know what her intention was when failing to do so.

In making an award of exemplary damages of $400.00 I have taken into account that although this was a relatively small amount of money, it made the tenant feel insecure as to his ability to get a return of the bond. I have also taken into account the considerable public interest in landlords abiding by their obligations, especially when dealing with money that is not their own.

I am ordering the landlord to reimburse the filing fee to the tenant because the tenant was wholly successful with their claim.

For the same reason I am allowing the tenant’s application for suppression of their name. C ter Haar 17 December 2025

Claims and awards in Tenancy Tribunal application 5348732 — net $513.43 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Bond refund	$85.43	Bond refund
Exemplary damages	$400.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$513.43
Total payable by Landlord to Tenant	$513.43

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant’s name and identifying details.
Louise Struwig must pay [The tenant/s] $513.43 immediately, calculated as shown in table below:

Reasons

This application was scheduled to be heard by video conference. The landlord did not connect to the Teams link provided to her and both calls I made to her telephone number went to voicemail. The hearing proceeded in her absence.
The background to this claim is that the tenant rented a room at the landlord’s boarding house. On 1 September 2025 he gave notice to end the tenancy on 15 September 2025. He had paid rent to 12 September 2025 and so agreed that $128.57 should have been taken from the bond of $600.00 he paid. However the landlord returned only $386.00 to him from the bond and he now makes a claim for the remainder of the bond to be paid to him - $85.43.
He also makes a claim for exemplary damages for the landlord’s failure to lodge the bond.
I accept the evidence indicating that the landlord ought to have returned $471.43 from the bond. This takes into account the 3 days rent that he had not paid. Having only paid him $386.00 from the bond, she is now required to pay him the remaining $85.43.
In any event, s22B(2) of the Residential Tenancies Act 1986 (RTA) provides that if a tenant makes an application to the Tribunal for payment of the bond, then unless the landlord also makes a claim for the bond, the bond must be returned to the tenant.
In this case the landlord has not made a claim against the bond and so I must in any case return the $85.43 remaining in the bond to the tenant.
Further to this, 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.
I accept that the landlord did not send the bond paid by the tenant on 30 May 2025 to the Bond Centre as required.
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.
The landlord clearly intended not to lodge the bond. Given that she did not attend today’s hearing, I do not know what her intention was when failing to do so.
In making an award of exemplary damages of $400.00 I have taken into account that although this was a relatively small amount of money, it made the tenant feel insecure as to his ability to get a return of the bond. I have also taken into account the considerable public interest in landlords abiding by their obligations, especially when dealing with money that is not their own.
I am ordering the landlord to reimburse the filing fee to the tenant because the tenant was wholly successful with their claim.
For the same reason I am allowing the tenant’s application for suppression of their name. C ter Haar 17 December 2025

Tenancy Tribunal case 5348732 — Exemplary damages at 64 Twentysecond Avenue, Gate Pa, Tauranga 3112

At a glance

Tenancy Tribunal case 5348732 — Exemplary damages at 64 Twentysecond Avenue, Gate Pa, Tauranga 3112

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