Tenantcheck Insights · Case study
Tenancy Tribunal case 5384882 — Healthy homes at 29B Maungarei Road, Remuera, Auckland 1050
Decided 15 Jun 2026 · Published 15 Jun 2026 · Application 5384882
Dismissed
- Healthy homes
- Exemplary damages
- Harassment
- Boarding House
At a glance
Key facts from the published tribunal order.
Outcome
Dismissed
From published order
Location
Auckland
Tribunal region
Adjudicator
N Walker
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
No individual claim amounts were reconciled for this order. View the official Ministry of Justice PDF for full detail.
Order
- The application is dismissed.
Reasons
- Both parties attended the hearing held on 15 June 2026.
- The landlord requested to attend the hearing remotely because he is in Australia. Early on the day of the hearing the tenant also requested to attend remotely. While the tenant attended the courthouse for the hearing both parties were able to attend the hearing remotely.
- The tenant was assisted by a representative.
- A Case Conference was held on 3 March 2026 where the issues were identified as jurisdiction, Healthy Homes and breach of privacy.
- In relation to the jurisdiction, the parties had signed a flat sharing agreement. The tenant had the exclusive use of a bedroom and bathroom but shared the remaining facilities with other tenants. There were up to four other tenants at the premises.
- The landlord said that he had travelled between New Zealand and Australia but was unable to do so after he left New Zealand in February 2020 due to the COVID travel restrictions. The landlord said that all his personal belongings including his car remained at the premises. The landlord remained in Australia until he returned to New Zealand in December 2025, four years after the tenancy ended.
- This is not a tenancy excluded by section 5(1)(n) of the Residential Tenancies Act 1986 which is where the premises continue to be used, during the tenancy, principally as a place of residence by the landlord or owner.
- On the evidence before me, this is not a boarding house tenancy, and instead is a standard residential tenancy. It is within the jurisdiction of the Tenancy Tribunal. Tenant’s application
- The tenant claims exemplary damages in relation to the Healthy Homes standards and for breach of privacy.
- Section 45(1)(bb) of the Act provides that the landlord shall comply with the healthy homes standards. Failure by the landlord to comply is declared to be an unlawful act 1 .
- Section 38(2) of the Act provides that the landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant. Contravention in circumstances that amount to harassment of the tenant is declared to be an unlawful act 2 .
- This tenancy ended on 30 October 2021. The tenant filed this application in November 2025, four years after the tenancy ended.
- Section 109(1) of the Residential Tenancies Act provides the Tribunal with the mechanism to require a party to pay an amount in the nature of exemplary damages on the ground that the other party has committed an unlawful act.
- Section 109(2)(b) sets a strict time limit for applications for exemplary damages. No application may be made under this Act for an order for exemplary damages later than 12 months after the date of the commission of the unlawful act to which the application relates.
- The unlawful act claimed by the tenant is the landlord failed to instal a heat pump during the tenancy and breached the tenant’s privacy during the tenancy.
- A claim for exemplary damages made four years after the tenancy ended and therefore more than 12 months after the commission of the unlawful acts cannot be considered by the Tribunal. 1 Section 45(1A) Residential Tenancies Act 1986 2 Section 38(3) Residential Tenancies Act 1986
- As the Tribunal is not able to award exemplary damages in this situation the Tribunal has not considered whether the landlord committed an unlawful act.
- The tenant’s application is dismissed.
- While the tenant requested name suppression he has not succeed with his application and therefore no order is made 3 .
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s109(1), s109(2), s38(2), s38(3), s45(1), s45(1A), s5(1), s95A(1)
Key findings
- Dispute theme: healthy homes
- Dispute theme: exemplary damages
- Dispute theme: harassment
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5384882?
The tribunal order states: The application is dismissed.
How much money was awarded in case 5384882?
Verified claim lines are listed on this page.
What type of tenancy dispute was case 5384882?
The primary dispute was Healthy homes. Related themes: Exemplary damages, Harassment, Boarding House.
Where can I read the official tribunal order for case 5384882?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13746578-Tribunal_Order.pdf.