Published tribunal order
Tenancy Tribunal case 5417728 — Exemplary damages
Decided 13 Mar 2026 · Published 13 Mar 2026 · Application 5417728
- Exemplary damages
Party names are redacted in the official published order.
Order
- An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenants’ names and identifying details.
- The landlord is to pay the bond of $1,520.00 [Bond number suppressed] to [The tenant/s] immediately.
- Yu Zhi Cai must pay [The tenant/s] $600.00 immediately.
Reasons
- Both parties attended the hearing.
- The landlord referred to in the tenancy agreement is Ying Pei. Ying Pei died in August 2022. Her estate was left to her mother Yu Zhi Cai. Yu Zhi Cai was represented at the hearing by her brother Song Pei. Song Pei was assisted by an interpreter.
- The tenant has applied for refund of the bond. The landlord has a claim against the bond but has not filed a counterclaim with Tenancy Services.
- Section 22B(2) Residential Tenancies Act 1986 provides that, where a tenant applies for refund of the bond, and the landlord seeks payment from the bond, the landlord must file an application setting out the details of the counterclaim. Because the landlord has not filed a counterclaim the bond is refunded in full to the tenant.
- The bond has not been lodged with tenancy services. The tenant says that they paid a bond of $1,520.00 to the landlord. The tenants provided a copy of their bank statement showing that the payment of $1,520.00 had been made.
- The copy of the tenancy agreement provided by the tenants records that the bond to be paid was $1,520.00.
- The landlord said that only $760.00 had been paid by the tenants for the bond. The landlord said that the tenancy agreement only required a bond of $760.00 to be paid. The landlord said that he would send his copy of the tenancy agreement to the Tribunal. That agreement has arrived, and it shows exactly the same thing as the copy provided by the tenant. The bond is $1,520.00.
- In this matter I prefer the evidence of the tenant. The landlord is to pay the bond of $1,520.00 to the tenants.
- [The tenant/s] claims the landlord has not lodged the bond with the Bond Centre within the required time.
- A landlord must send any bond payment to the Bond Centre within 23 working days after the payment is received. See section 19(1) Residential Tenancies Act 1986.
- Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $1,500.00. See section 19(2) and Schedule 1A Residential Tenancies Act 1986.
- Exemplary damages are designed to punish and to deter. They are like a fine. In Auckland City Council v Blundell [1986] NZLR 732 the Court of Appeal (Cooke P) said: Exemplary and punitive [damages] are different words for the same thing. The damages are exemplary because they are meant to teach an example to the guilty officer and others. They are punitive because they are meant to punish. They are like a fine, though they go to the citizen who has been the victim of conduct.
- The landlord has not lodged the bond. I find they have committed an unlawful act.
- 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. See section 109(3) Residential Tenancies Act 1986.
- The following factors are relevant; • The landlord has two rental properties and has held this property since 2018. • The landlord is an experienced landlord. The operation of a residential tenancy is a business. The landlord is deemed to be aware of its legal obligations. Failure to be aware of those obligations is not a defence. • It is in the best interest of these tenants and tenants generally to have their bond held by an independent party. Had the bond been paid to the Bond Centre there would be no dispute as to the amount paid. • This application was filed on 18 December 2025. The bond has still not been lodged.
- I am not aware of any other breaches by this landlord. The landlord is ordered to pay exemplary damages to the tenant of $500.00.
- [The tenant/s] claim the landlord has not issued a receipt for rent.
- A landlord must give a written receipt immediately for any rent paid by cash. See section 29(1) and (2)(a) Residential Tenancies Act 1986.
- Breaching this obligation is an unlawful act for which the Tribunal may award exemplary damages up to a maximum of $350.00. See section 29(5) and Schedule 1A Residential Tenancies Act 1986.
- The landlord accepts that no receipts have been provided for rent paid since August 2022. I find they have committed an unlawful act.
- Where a party has committed an unlawful act intentionally, the Tribunal may award exemplary damages where it is satisfied that 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. See section 109(3) Residential Tenancies Act 1986.
- I consider the following factors to be relevant; • The landlord has two rental properties and has held this property since 2018. • The landlord is an experienced landlord. The operation of a residential tenancy is a business. The landlord is deemed to be aware of its legal obligations. Failure to be aware of those obligations is not a defence. • It is in the best interest of these tenants and tenants generally to receive receipts for cash rent payments so that there can be no dispute as to the payment.
- The landlord is to pay exemplary damages of $100.00 to the tenant.
- Both parties applied for name suppression. The tenant has been wholly successful in this application. Suppression of the tenants’ names and details is ordered. The landlord has not been wholly or substantially successful in this hearing. The landlord’s application for name suppression is dismissed.