What was Tenancy Tribunal case 5356686 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 5356686?

Property Damage: $600.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Cleaning: $2,500.00 awarded to landlord

What type of tenancy dispute was case 5356686?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5356686?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12888570-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5356686 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 5356686?

Property Damage: $600.00 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Cleaning: $2,500.00 awarded to landlord

What type of tenancy dispute was case 5356686?

The primary dispute was Property damage. Related themes: Exemplary damages.

Where can I read the official tribunal order for case 5356686?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12888570-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5356686 — Property damage

Tenantcheck Insights

New Zealand Tenancy Tribunal Case 5356686 — Property damage | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5356686 — net $3,128.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing/Cleaning: Insurance excess on decontamination costs	$2,500.00	Meth testing/Cleaning: Insurance excess on decontamination costs
Exemplary damages	$600.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,128.00
Total payable by Tenant to Landlord	$3,128.00

Claims and awards for application 5356686 — net $3,128.00 NZD. Verify on MoJ.

Meth testing/Cleaning: Insurance excess on decontamination costs

Amount: $2,500.00
Awarded to: Landlord
Reason: Meth testing/Cleaning: Insurance excess on decontamination costs

Exemplary damages

Amount: $600.00
Awarded to: Landlord
Reason: Exemplary damages

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,128.00

Total payable by Tenant to Landlord

Landlord $3,128.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Victoria Heather Roey Apanui must pay [The landlord/s] $3,128.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Methamphetamine contamination
The landlord had arranged for methamphetamine testing to be carried out on the premises at the commencement of the tenancy. Those tests results were negative for methamphetamine contamination.
Further testing was conducted at the end of the tenancy. The laboratory results for the discrete testing showed that there was methamphetamine residue in every room tested. Three of the samples exceeded 15 micrograms per 100cm2. The three results exceeding 15 micrograms per 100cm2 were, 37.4, 20.7 and 22.6. That is well above the level of 15 micrograms per 100 cm2 that the Tribunal regards as the level above which there is a significant risk of harm to human health from the contamination.
I am satisfied that contamination has occurred during this tenancy. It follows that the tenant is liable for the reasonable cost of decontaminating the premises. The landlord produced documentation showing that the excess on the landlords insurance policy for methamphetamine decontamination is $2,500.00. Contaminating the premises is an intentional act. I consider it reasonable for the landlord to be awarded compensation with regards to the insurance excess. Exemplary damages
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The use of methamphetamine is an offence against the Misuse of Drugs Act. The tenant has used the premises for an unlawful act.
The levels of methamphetamine residue found in the premises indicates that it would not be credible for the tenant to be unaware that they or others were using it in the premises.
The consequences of the contamination are serious. There is the substantial cost of decontamination. 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.
An award of exemplary damages is appropriate. The tenant is ordered to pay exemplary limit damages to the landlord of $600.00.
As [The applicant/s] has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing. Suppression of the landlord’s name and details is ordered.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5356686 — net $3,128.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Meth testing/Cleaning: Insurance excess on decontamination costs	$2,500.00	Meth testing/Cleaning: Insurance excess on decontamination costs
Exemplary damages	$600.00	Exemplary damages
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$3,128.00
Total payable by Tenant to Landlord	$3,128.00

Claims and awards for application 5356686 — net $3,128.00 NZD. Verify on MoJ.

Meth testing/Cleaning: Insurance excess on decontamination costs

Amount: $2,500.00
Awarded to: Landlord
Reason: Meth testing/Cleaning: Insurance excess on decontamination costs

Exemplary damages

Amount: $600.00
Awarded to: Landlord
Reason: Exemplary damages

Filing fee reimbursement

Amount: $28.00
Awarded to: Landlord
Reason: Filing fee reimbursement

Net award

Landlord $3,128.00

Total payable by Tenant to Landlord

Landlord $3,128.00

Claim types — money lines allowed on this order

Exemplary damages Filing Fee Cleanliness

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Victoria Heather Roey Apanui must pay [The landlord/s] $3,128.00 immediately, calculated as shown in table below.

Reasons

The landlord attended the remote hearing.
The tenant did not attend the hearing. Telephone calls were made to the tenant on the number provided at the allocated hearing time. All calls went to voicemail. The Tribunal may hear matters in the absence of a party where satisfied that notice of the hearing has been given. I am satisfied that notice of the hearing was given to the tenant.
The landlord has applied for compensation and reimbursement of the filing fee following the end of the tenancy. Methamphetamine contamination
The landlord had arranged for methamphetamine testing to be carried out on the premises at the commencement of the tenancy. Those tests results were negative for methamphetamine contamination.
Further testing was conducted at the end of the tenancy. The laboratory results for the discrete testing showed that there was methamphetamine residue in every room tested. Three of the samples exceeded 15 micrograms per 100cm2. The three results exceeding 15 micrograms per 100cm2 were, 37.4, 20.7 and 22.6. That is well above the level of 15 micrograms per 100 cm2 that the Tribunal regards as the level above which there is a significant risk of harm to human health from the contamination.
I am satisfied that contamination has occurred during this tenancy. It follows that the tenant is liable for the reasonable cost of decontaminating the premises. The landlord produced documentation showing that the excess on the landlords insurance policy for methamphetamine decontamination is $2,500.00. Contaminating the premises is an intentional act. I consider it reasonable for the landlord to be awarded compensation with regards to the insurance excess. Exemplary damages
A tenant must not use the premises or permit the premises to be used for an unlawful purpose. See section 40(2)(b) Residential Tenancies Act 1986.
Breaching this obligation is an unlawful act for which exemplary damages may be awarded up to a maximum of $1,800.00. See section 40(3A)(c) and Schedule 1A Residential Tenancies Act 1986.
The use of methamphetamine is an offence against the Misuse of Drugs Act. The tenant has used the premises for an unlawful act.
The levels of methamphetamine residue found in the premises indicates that it would not be credible for the tenant to be unaware that they or others were using it in the premises.
The consequences of the contamination are serious. There is the substantial cost of decontamination. 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.
An award of exemplary damages is appropriate. The tenant is ordered to pay exemplary limit damages to the landlord of $600.00.
As [The applicant/s] has wholly succeeded with the claim, I must order the tenant to reimburse the filing fee.
The landlord applied for name suppression. The landlord has been wholly successful in this hearing. Suppression of the landlord’s name and details is ordered.

Tenancy Tribunal case 5356686 — Property damage

At a glance

Tenancy Tribunal case 5356686 — Property damage

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