Tenantcheck Insights · Case study
Tenancy Tribunal case 5400173 — Property damage at 411A Maungatapu Road, Maungatapu, Tauranga 3112
Decided 29 March 2026 · Published 29 March 2026 · Application 5400173
Landlord favoured
- Property damage
- Cleanliness
- Rent arrears
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Tauranga
Tribunal region
Adjudicator
R Harvey-Lane
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $20,114.37
- Total balance for Tenant to pay Landlord
- $20,114.37
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 8 October 2025 | $1,132.19 | Rent arrears to 8 October 2025 | |
| Rubbish removal | $716.10 | Rubbish removal | |
| Cleaning | $1,276.82 | Cleaning | |
| Methamphetamine testing and decontamination | $12,530.50 | Methamphetamine testing and decontamination | |
| Replacement carpet | $2,400.00 | Replacement carpet | |
| Painting | $2,058.76 | Painting | |
| Net award | $20,114.37 | ||
| Total payable by Tenant to Landlord | $20,114.37 |
Claims and awards for application 5400173 — net $20,114.37 NZD. Verify on MoJ.
Rent arrears to 8 October 2025
- Amount
- $1,132.19
- Awarded to
- Landlord
- Reason
- Rent arrears to 8 October 2025
Rubbish removal
- Amount
- $716.10
- Awarded to
- Landlord
- Reason
- Rubbish removal
Cleaning
- Amount
- $1,276.82
- Awarded to
- Landlord
- Reason
- Cleaning
Methamphetamine testing and decontamination
- Amount
- $12,530.50
- Awarded to
- Landlord
- Reason
- Methamphetamine testing and decontamination
Replacement carpet
- Amount
- $2,400.00
- Awarded to
- Landlord
- Reason
- Replacement carpet
Painting
- Amount
- $2,058.76
- Awarded to
- Landlord
- Reason
- Painting
Net award
Landlord $20,114.37
Total payable by Tenant to Landlord
Landlord $20,114.37
Claim types — money lines allowed on this order
Order
- May Charlene Dixon must pay Accessible Properties New Zealand Limited $20,114.37 immediately, as calculated in the table below:
Reasons
- The landlord attended the hearing. The tenant did not attend, and the hearing and the hearing proceeded in their absence.
- The landlord has applied for rent arrears, compensation and reimbursement of the filing fee following the end of the tenancy. The compensation sought primarily relates to methamphetamine contamination caused during the tenancy.
- The tenancy commenced in December 2012 and ended on 8 October 2025.
How much is owed for rent?
- The landlord provided rent records that prove the amount owing of $1,132.19 at the end of the tenancy.
- The amount ordered is proved.
Is the tenant responsible for methamphetamine damage to the premises?
The law
- A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B Residential Tenancies Act 1986 (RTA).
- Where the damage is careless, and occurs after 27 August 2019, section 49B RTA applies. If the landlord becomes aware of the damage after 27 August, the damage is presumed to have occurred after that date unless the tenant proves otherwise.
- Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
- Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck. 1 1 Guo v Korck [2019] NZHC 1541. The claims
- The landlord claims for damage caused because of methamphetamine contamination at the property.
- The remedial costs claimed are: a. Methamphetamine testing $2,348.93. b. Methamphetamine decontamination costs $10,181.57. c. Cleaning $1,276.82. d. Rubbish removal of $716.10. e. Carpet replacement $4,491.79 f. Painting $2,058.76.
- The landlord says that the actual costs incurred at the end of the tenancy were much higher, however, they only seek the listed amounts from the tenant.
- There was an additional amount for cleaning discussed at the hearing of $782.66 however, I have not received sufficient evidence of an additional cleaning figure, and on review this appears to be included in the total cleaning figure of $1,276.82 referred to above.
- Methamphetamine testing was carried on 17 May 2017, and this showed no contamination at the premises.
- Testing was carried out again at the end of the tenancy on 21 October 2025 and recorded the following results: LocationResult Sample ALaundry17.4μg/100cm 2 Sample BLaundry26.1μg/100cm 2 Sample DBathroom19.0μg/100cm 2 Sample GBedroom 250.2μg/100cm 2 Sample HBedroom 321.2μg/100cm 2 Sample IHallway42.2μg/100cm 2 Sample JLounge/dining room26.9μg/100cm 2 Sample MKitchen68.3μg/100cm 2
What does the RTA say about methamphetamine damage to tenancy premises?
- There is ongoing uncertainty about what level of methamphetamine residue should is “damage” to residential tenancy premises in New Zealand. There are no standards set in law yet and the two non-legal sources of guidance are different in their recommendations.
- In 2017 Standards New Zealand released Standard NZS8510:2017 “Testing and decontamination of methamphetamine-contaminated properties”. In short, this standard confirmed that the level at which habitation of residential premises was considered safe, was a level of 1.5μg/100cm 2 .
- However, in more recent times, the (former) Prime Minister’s Chief Science Advisor, Professor Sir Peter Gluckman determined that there was little evidence supporting health risks from exposure to residue from methamphetamine consumption. 2 The report concluded that any levels below 15μg/100cm 2 were unlikely to present adverse effects and therefore there should be no need for remediation. The Gluckman report notes that methamphetamine levels over 30μg/100cm 2 are considered by forensic experts to signify that manufacture is likely to have taken place.
- The Tribunal has most often applied the Gluckman recommendations in the last few years. The District Court has consistently confirmed that it is open to the Tribunal to take this approach because of the lack of legislative regulation at present. 3
- To be consistent with the predominance of other Tribunal cases, and the support for these from the District Court, I accept that: a. Methamphetamine residue of below 15μg/100cm 2 does not cause damage to residential tenancy premises unless there is evidence of manufacture. b. In premises, or parts of premises, where residue is higher than 15μg/100cm 2 , this is considered damage and decontamination of those areas is appropriate. Findings
- The in-depth test report dated 21 October 2025 establishes residue levels of above 15μg in several locations.
- Applying the Gluckman report recommendations, the methamphetamine level of above 30μg in the kitchen, hallway and bedroom 2 suggests that manufacture may have been attempted or taken place in the premises. 2 Report, Methamphetamine Contamination in Residential Properties: Exposures, Risk Levels, and Interpretation of Standards, 29 May 2018. 3 See Full Circle Real Estate Limited v Piper [2019] NZDC 4947; Acme Realty Ltd v Alexander James Hogg, Tuitui Grace Polotu, Leigh Sharyn Coughlin [2021] NZTT 3231.
- The base level testing done at the commencement of the tenancy proves that methamphetamine contamination occurred during the tenancy, and in accordance with the Gluckman report, the property was damaged as a result and required decontamination.
- Methamphetamine use must be considered intentional, either by the tenant or someone at the property with the tenant’s permission.
- I consider that the amounts claimed reasonably reflect the damage caused with respect to cleaning, rubbish removal, methamphetamine testing and decontamination and painting.
- The landlord claims for carpet replacement. They advise that the flooring was likely installed in around 2021. As a result, I need to consider some deduction for betterment.
- The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. I have therefore awarded $2,400.00 towards the carpet replacement costs.
- In calculating depreciation, I have considered the age and condition of the items at the start of the tenancy and their likely useful lifespan.
- Because Accessible Properties New Zealand Limited has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 29 March 2026
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s12, s23, s40(2), s49B, s49B(1), s49B(3), s49B(3A), s8510
Key findings
- Dispute theme: rent arrears
- Dispute theme: cleaning
- Dispute theme: property damage
Property management
- ACCESSIBLE PROPERTIES NEW ZEALAND LIMITED (applicant)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5400173?
The tribunal order states: May Charlene Dixon must pay Accessible Properties New Zealand Limited
How much money was awarded in case 5400173?
Cleaning: $1,276.82 awarded to landlord; Methamphetamine Testing And Decontam…: $12,530.50 awarded to landlord; Painting: $2,058.76 awarded to landlord; Property Damage: $2,400.00 awarded to landlord; Rent Arrears: $1,132.19 awarded to landlord; Rubbish Removal: $716.10 awarded to landlord
What type of tenancy dispute was case 5400173?
The primary dispute was Property damage. Related themes: Cleanliness, Rent arrears.
Where can I read the official tribunal order for case 5400173?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13366202-Tenancy_Tribunal_Order.pdf.