Published tribunal order
Tenancy Tribunal case 5425147 — Exemplary damages in New Plymouth, New Plymouth
Decided 10 Jun 2026 · Published 10 Jun 2026 · Application 5425147
- Exemplary damages
Party names are redacted in the official published order.
Order
- Two days should be allocated for hearing the application against the first respondent (Darryl Gavin Wicksteed), before me on the next available date.
- The application against the Second Respondent (Floyd Harrison Wicksteed) is withdrawn by the Applicant.
- By consent, the Tribunal orders that HBLW Property Limited (HBLW) must pay the Chief Executive, Ministry of Business, Innovation and Employment (MBIE) acting in place of the Tenant, [The tenant/s], $9,040.00, immediately in respect of all claims made against HBLW, such amount reflecting: a. Compensation pursuant to s77(2)(n) of the Residential Tenancies Act (RTA): $1540.00 (as pleaded and particularised by the Applicant in its memorandum filed with the Tribunal on 31 March 2026). b. Exemplary damages for breaching section 45(1) of the RTA (one order for exemplary damages only): $6,400 00. c. Exemplary damages for breaching section 13A of the RTA: $550.00. d. Exemplary damages for breaching section 15(1) RTA: $550.00.
- HBLW shall also reimburse MBIE for the $28 filing fee.
- HBLW is restrained from committing any further breaches of the following RTA sections for a period of two years from the date this Order: a. Section 13A(1): and b. Section 45(1).
- The Tribunal orders nonpublication of the name, and identifying details, of the Tenant in whose place MBIE made the application. Section 95A(2) RTA.
Reasons
- All parties attended a Case Management Conference (CMC) on 31 March 2026.
- Since the CMC some of the parties have engaged in settlement discussions. The Tribunal has received an agreed statement of facts as between the applicant and the second and third respondents, and a request for consent orders to be made.
- This Order records the agreed position between the applicant and second and third respondents. The application against the first respondent will be heard on the next available date.
- As between the applicant and second and third respondents, the facts are agreed as set out below (and as recorded in the Agreed Statement of Facts provided with the Joint Memorandum of Counsel on 22 May 2026).
AGREED STATEMENT OF FACTS
- The applicant is the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) and is responsible for the administration of the Residential Tenancies Act 1986 (the Act).
- The application is in relation to one residential tenancy at 60 Fulford Street New Plymouth, the bottom unit, known as 60A Fulford Street (the Property).
- There are two units and two tenancies at 60 Fulford Street: the Property and the top unit known as 60 Fulford Street. This application is brought on behalf of 60A Fulford Street (the bottom unit) only.
- HBLW Property Limited (HBLW) became the Landlord of the Property from 16 May 2025. Floyd Harrison Wicksteed is the sole director of HBLW.
- HBLW is the current owner of the Property since 16 May 2025.
- The tenant of the Property between 16 May 2025 and 22 August 2025 was [The tenant/s] (Tenant).
UNLAWFUL ACTS
- The following unlawful acts were identified following an investigation into the tenancy by the Tenancy Compliance and Investigations Team (TCIT) at MBIE pursuant to sections 123(1)(a) and (d) of the Act. During the investigation it was established: Failure 1: HBLW Failed to provide insurance, insulation and healthy homes compliance statements to the Tenant
- HBLW breached section 13A(2), 13A(1A) and 13A(1CA) of the Act by failing to provide to the Tenant the following: a. Insurance Statement b. Insulation Statement c. Healthy Homes Compliance Statement
- This is an unlawful act under sections 13A(1F)(a)of the Act. Failure 2: HBLW failed to notify contact address and address for service to the Tenant
- HBLW breached section 15(1) of the Act by failure to notify the Tenant of the contact address and address for service of HBLW.
- This is an unlawful act under section 15(2) of the Act. Failure 3: HBLW failed to provide and maintain the Property in a reasonable state of repair having regard to age and character of the premises
- HBLW breached section 45(1)(b) of the Act. Issues included: Broken oven door, cracked glass in kitchen door, missing light switch, lounge light base coming away from the ceiling, windows in poor condition, significant cracks and holes in exterior cladding, windows unable to open and close as intended, broken laundry door, structural integrity concerns.
- This is an unlawful act under section 45(1A) of the Act. Failure 4: HBLW Failed to comply with Healthy Homes Standards
- HBLW breached section 45(1)(bb) of the Act by failing to comply with the following requirements of the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (Standards): a. Failed to ensure the main living areas had a qualifying heater (Regulation 8 of the Standards) b. Failed to ensure the underfloor was insulated (Regulation 15 of the Standards) c. Failed to ensure the property was free from unreasonable gaps and holes that allow draughts to flow in and out of the property (Regulation 26 of the Standards)
- This is an unlawful act under section 45(1A) of the Act. APPLICATION MADE UNDER SECTION 124A OF THE ACT
- The Applicant believes it is in the public interest to initiate proceedings under section 124A of the Act because: a. The condition of the premises poses a significant health and safety risk. b. HBLW committed serious breaches of the Act. c. HBLW’S conduct risks undermining public confidence in the administration of the Act. d. The Tenant was particularly vulnerable, accepting the Property to provide a home for her young daughter.
RELEVANT FACTS
Investigation
- On 15 January 2025, TCIT received a complaint and commenced its investigation, from a Roderique Hope Trust (RHT) representative, a Sustaining Tenancies Navigator
- On 28 February 2025, TCIT conducted an unannounced site visit. Exterior observations included significant cracks, holes and bulging in the exterior cladding.
- The following issues were identified: a. Broken oven door, unable to open or close as intended. b. Cracked glass in kitchen door. c. Missing light switch from the faceplate in Bedroom 1. d. Main living area light fixture detaching from the ceiling. e. Windows throughout the Property in poor condition. f. Silver tape applied to several window frames and sills, preventing them from opening and closing as intended. g. Laundry door broken and unable to close. h. No qualifying heat source installed in main living area. i. No underfloor insulation in most areas, with only a small section partially insulated. j. Gaps exceeding 3mm identified in main living area and Bedroom 1. k. A Healthy Homes Standards landlord checklist. l. A photograph of an external bathroom fan vent with tape around the edges. m. A photograph showing tape covering a crack on external cladding. n. Evidence of smoke alarms installed as requested
- This Order resolves the application against the second and third respondents.
- The application against the first respondent is to be scheduled for hearing on the next available date.
- The Directions made on 31 March remain in place as between the applicant and first respondent. The parties are reminded that: a. All parties must submit their evidence in chief and legal submissions at least 28 days before the hearing. b. All parties must submit any reply evidence and/or submissions in reply at least 14 days before the hearing.
- Tenancy Services will notify the parties of the date and time of the hearing.