Published tribunal order
Tenancy Tribunal case 5362890 — Rent arrears at 17 Tern Street, Oamaru North, Oamaru 9400
Decided 7 Nov 2025 · Published 7 Nov 2025 · Application 5362890
- Rent arrears
- 14-day notice
Party names are redacted in the official published order.
Order
- The Tribunal orders suppression of the Tenant’s name and identifying details.
- [The tenant/s] owes Kāinga Ora–Homes And Communities $1,016.00 (“the debt”) for rent to 11 November 2025.
- [The tenant/s] must pay rent and the debt as follows: a. By 56 weekly payments of $180.00, being $162.00 for rent and $18.00 for the debt. b. A final payment of $170.00, being $162.00 for rent and $8.00 for the debt. c. Payments will be every Friday, with the first payment on 7 November 2025 and continuing until 4 December 2026.
- Payments will be allocated in the following order: rent and rent arrears.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. the tenancy at 17 Tern Street, Oamaru North, Oamaru 9400 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’s income based rent changes, the weekly payment amount will be calculated as the assessed weekly rent plus $18.00.
Reasons
- The landlord attended the hearing which ws held by teleconference. The tenant contacted the landlord to say that she could not attend due to work. An adjournment was not requested and the tenant could not be reached on the number given in the Notice of Hearing, which was properly served.
- The landlord has applied for termination of the tenancy, rent arrears and refund of the bond.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The rent records show that after a series of rent payments were missed, rent is now being paid regularly, with an additional $18.00 per week being paid towards the arrears. This reflects an arrangement made with the tenancy manager.
- The landlord agrees to that arrangement being formalised and enforceable as a conditional termination Order. That is appropriate and an Order is made accordingly.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- It appears that the arrears arose because WINZ discontinued the tenants benefit when she began work. In the circumstances my view is that the potential harm to the tenant from being identified in a Tribunal Order outweighs the public interest in publication. Suppression of her identifying details is appropriate. 1 B King 07 November 2025 1 See s.95A(4) RTA