What was Tenancy Tribunal case 5364921 about?

The tribunal order states: The Tenant may keep no more than five plastic IBC containers on the premises.

How much money was awarded in case 5364921?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5364921?

The dispute type was not classified.

Where can I read the official tribunal order for case 5364921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12993781-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5364921 about?

The tribunal order states: The Tenant may keep no more than five plastic IBC containers on the premises.

How much money was awarded in case 5364921?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5364921?

The dispute type was not classified.

Where can I read the official tribunal order for case 5364921?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12993781-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5364921 — Tenancy dispute

Order

The Tenant may keep no more than five plastic IBC containers on the premises.
The Tenant must remove all other rubbish, discarded appliances and whitewear, plastic bins, plastic barrels, IBC containers and any other containers from the land around the house on the premises by no later than 5pm 21 April 2026.
If the tenant fails to comply with either Order 1 or 2, or if Kāinga Ora is of the view that the premises remain in unacceptable condition, Kāinga Ora may apply to the Tribunal for further orders.
The Tenant’s name and all identifying details are suppressed.

Reasons

This is a long-standing tenancy, which has generally been problem free. The main issue between Kāinga Ora and the Tenant has been the condition of the section around the house. Kāinga Ora has provided photographs. Those photographs show that nearly all the land around the house is covered in rubbish, discarded appliances and whitewear, plastic bins, plastic barrels and IBC 1 containers.
Kāinga Ora has applied for work orders requiring the Tenant to remove all these items. The Tenant agrees that the rubbish needs to be removed and says that he 1 An IBC container is an intermediate bulk container widely used in the agricultural industry for storing and dispensing liquid fertilisers. has started doing that. However, he is reluctant to remove the plastic bins, plastic barrels and IBC containers.
The Tenant says that he uses the plastic bins, barrels and IBC containers to produce an organic fertiliser, which he then shares with his community free of charge. It seems that he has been providing this service for many years and says that he has received Ministerial acknowledgment for his service to the community. The Tenant would like to continue to be able to produce and provide that organic fertiliser. The issues
The issues I need to determine are: a. Has the Tenant failed to keep the premises reasonably clean and tidy? b. If so, what orders should I make? Has the Tenant failed to keep the premises reasonably clean and tidy.
The Tenant is required to keep the premises reasonably clean and reasonably tidy. 2 The photographs provided by Kāinga Ora show that he has not kept the land around the house reasonably clean and reasonably tidy. There are piles of rubbish, discarded appliances and whitewear and dozens of plastic bins and plastic barrels – many of which contain organic fertiliser. There are also four larger IBC containers that hold fertiliser.
I therefore find that the Tenant is in breach of his obligation under the Residential Tenancies Act to keep the premises in a reasonably clean and reasonably tidy condition.

What orders should I make?

Kāinga Ora is entitled to the work orders. The premises need to be tidied up.
During the hearing I discussed possible outcomes with the parties. I discussed with the representative from Kāinga Ora that although the Tenant was required to keep the premises reasonably clean and tidy, he was also entitled to have the quiet enjoyment of the premises, and to use the premises as he saw fit provided there was no breach of the Residential Tenancies Act or the Tenancy agreement. I advised Kāinga Ora that any work order would need to balance to those factors.
I also advised the Tenant that he could not keep the premises in the current condition and that he would need to remove most of the items complained of by Kāinga Ora.
An agreement was then reached. The Tenant wants to keep five IBCs on the premises, so he can continue to provide fertiliser to his community. Kāinga Ora is prepared to conditionally agree to that. It acknowledges the Tenant’s 2 Residential Tenancies Act 1986, section 40(1)(c). community spirit but wants to ensure that any ongoing arrangements are acceptable and compliant with the law.
I therefore make the following orders: a. The Tenant may keep no more than five plastic IBC containers on the premises. b. The Tenant must remove all other rubbish, discarded appliances and whitewear, plastic bins, plastic barrels, IBC containers and any other containers from the land around the house on the premises by no later than 5pm 21 April 2026. c. If the Tenant fails to comply with either of these orders, or if Kāinga Ora is of the view that the premises remain in unacceptable condition, Kāinga Ora may apply to the Tribunal for further orders. Name suppression
The orders I have made are the result of a negotiated outcome between the parties, so I consider it to be in the interests of justice to suppress the Tenant’s name and identifying details. Kāinga Ora does not seek suppression.

Order

The Tenant may keep no more than five plastic IBC containers on the premises.
The Tenant must remove all other rubbish, discarded appliances and whitewear, plastic bins, plastic barrels, IBC containers and any other containers from the land around the house on the premises by no later than 5pm 21 April 2026.
If the tenant fails to comply with either Order 1 or 2, or if Kāinga Ora is of the view that the premises remain in unacceptable condition, Kāinga Ora may apply to the Tribunal for further orders.
The Tenant’s name and all identifying details are suppressed.

Reasons

This is a long-standing tenancy, which has generally been problem free. The main issue between Kāinga Ora and the Tenant has been the condition of the section around the house. Kāinga Ora has provided photographs. Those photographs show that nearly all the land around the house is covered in rubbish, discarded appliances and whitewear, plastic bins, plastic barrels and IBC 1 containers.
Kāinga Ora has applied for work orders requiring the Tenant to remove all these items. The Tenant agrees that the rubbish needs to be removed and says that he 1 An IBC container is an intermediate bulk container widely used in the agricultural industry for storing and dispensing liquid fertilisers. has started doing that. However, he is reluctant to remove the plastic bins, plastic barrels and IBC containers.
The Tenant says that he uses the plastic bins, barrels and IBC containers to produce an organic fertiliser, which he then shares with his community free of charge. It seems that he has been providing this service for many years and says that he has received Ministerial acknowledgment for his service to the community. The Tenant would like to continue to be able to produce and provide that organic fertiliser. The issues
The issues I need to determine are: a. Has the Tenant failed to keep the premises reasonably clean and tidy? b. If so, what orders should I make? Has the Tenant failed to keep the premises reasonably clean and tidy.
The Tenant is required to keep the premises reasonably clean and reasonably tidy. 2 The photographs provided by Kāinga Ora show that he has not kept the land around the house reasonably clean and reasonably tidy. There are piles of rubbish, discarded appliances and whitewear and dozens of plastic bins and plastic barrels – many of which contain organic fertiliser. There are also four larger IBC containers that hold fertiliser.
I therefore find that the Tenant is in breach of his obligation under the Residential Tenancies Act to keep the premises in a reasonably clean and reasonably tidy condition.

What orders should I make?

Kāinga Ora is entitled to the work orders. The premises need to be tidied up.
During the hearing I discussed possible outcomes with the parties. I discussed with the representative from Kāinga Ora that although the Tenant was required to keep the premises reasonably clean and tidy, he was also entitled to have the quiet enjoyment of the premises, and to use the premises as he saw fit provided there was no breach of the Residential Tenancies Act or the Tenancy agreement. I advised Kāinga Ora that any work order would need to balance to those factors.
I also advised the Tenant that he could not keep the premises in the current condition and that he would need to remove most of the items complained of by Kāinga Ora.
An agreement was then reached. The Tenant wants to keep five IBCs on the premises, so he can continue to provide fertiliser to his community. Kāinga Ora is prepared to conditionally agree to that. It acknowledges the Tenant’s 2 Residential Tenancies Act 1986, section 40(1)(c). community spirit but wants to ensure that any ongoing arrangements are acceptable and compliant with the law.
I therefore make the following orders: a. The Tenant may keep no more than five plastic IBC containers on the premises. b. The Tenant must remove all other rubbish, discarded appliances and whitewear, plastic bins, plastic barrels, IBC containers and any other containers from the land around the house on the premises by no later than 5pm 21 April 2026. c. If the Tenant fails to comply with either of these orders, or if Kāinga Ora is of the view that the premises remain in unacceptable condition, Kāinga Ora may apply to the Tribunal for further orders. Name suppression
The orders I have made are the result of a negotiated outcome between the parties, so I consider it to be in the interests of justice to suppress the Tenant’s name and identifying details. Kāinga Ora does not seek suppression.

Tenancy Tribunal case 5364921 — Tenancy dispute

At a glance

Claims & awards

Tenancy Tribunal case 5364921 — Tenancy dispute

At a glance

Claims & awards

Order

Reasons

What orders should I make?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

What orders should I make?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions