What was the outcome of Tenancy Tribunal case 5440260?

The tribunal order states: The tenancy of Joseph James Te Oniwhero Fisher at Unit/Flat 2, 67 Old

How much money was awarded in case 5440260?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5440260?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5440260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224544-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5440260?

The tribunal order states: The tenancy of Joseph James Te Oniwhero Fisher at Unit/Flat 2, 67 Old

How much money was awarded in case 5440260?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5440260?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5440260?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13224544-Tenancy_Tribunal_Order.pdf.

Unit/Flat 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110 Tenancy Tribunal Case 5440260 — Harassment

Order

The tenancy of Joseph James Te Oniwhero Fisher at Unit/Flat 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110 is terminated, and possession is granted to Habitat for Humanity Northern Region Limited, at 11:59pm on 11 March 2026.
Joseph James Te Oniwhero Fisher must pay Habitat for Humanity Northern Region Limited $28.00 immediately being for reimbursement of the filing fee.

Reasons

The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission. Background
The landlord advises that the tenant lives within a wider complex of units. The landlord is also the landlord for the surrounding tenants and says these are predominantly families with children. They say there has been anti-social behaviour by the tenant, and despite issuing notices, an unwillingness to stop or change the behaviour.
They explain that the behaviour often happens during the daytime and can be threatening and violent and is negatively affecting families in the wider complex and causing alarm and distress, particularly to the children.
As a result of the behaviour the landlord has issued the following notices: a. On 10 November 2025 – details that we have had complaints about yelling and swearing, directed at your neighbour, coming from your home later on Sunday 2nd November, which has disrupted the peace and upset the neighbours. b. On 8 January 2026 – details that we have received a complaint that on 23 December 2025 [that] you and your guests engaged in a party at your house and there was a physical altercation (a fight) between yourself and your guest, as well as a female screaming, which resulted in the Police attending your property at around 11pm that evening. This incident has disrupted the peace and caused distress to your neighbours. c. On 5 February 2026 – details that we have received a complaint regarding an incident that took place on 4 February 2026 at your property, whereby you and your male friend were intoxicated, arguing and physically fighting throughout the day. It was reported that a blue vehicle, believed to belong to your friend, was repeatedly revved loudly throughout the day, causing further disruption. It was also reported that four women were present at the property, drinking alcohol and making excessive noise. This behaviour has caused significant noise and has disrupted the peace of your neighbours.
The landlord also advised that they have issued a fourth notice in respect the behaviour that continued through the evening on 4 February 2026. The notice states that they had received a complaint that at approximately 11pm, the tenant and a male friend were swearing, threatening each other and throwing objects, and that the police were contacted, with the incident causing distress to neighbours. Discussion
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
On review of the evidence provided, I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986 (RTA), and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose and the notices that were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
Because Habitat for Humanity Northern Region Limited has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 04 March 2026

Order

The tenancy of Joseph James Te Oniwhero Fisher at Unit/Flat 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110 is terminated, and possession is granted to Habitat for Humanity Northern Region Limited, at 11:59pm on 11 March 2026.
Joseph James Te Oniwhero Fisher must pay Habitat for Humanity Northern Region Limited $28.00 immediately being for reimbursement of the filing fee.

Reasons

The landlord attended the hearing. The tenant did not attend, and the hearing proceeded in their absence.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission. Background
The landlord advises that the tenant lives within a wider complex of units. The landlord is also the landlord for the surrounding tenants and says these are predominantly families with children. They say there has been anti-social behaviour by the tenant, and despite issuing notices, an unwillingness to stop or change the behaviour.
They explain that the behaviour often happens during the daytime and can be threatening and violent and is negatively affecting families in the wider complex and causing alarm and distress, particularly to the children.
As a result of the behaviour the landlord has issued the following notices: a. On 10 November 2025 – details that we have had complaints about yelling and swearing, directed at your neighbour, coming from your home later on Sunday 2nd November, which has disrupted the peace and upset the neighbours. b. On 8 January 2026 – details that we have received a complaint that on 23 December 2025 [that] you and your guests engaged in a party at your house and there was a physical altercation (a fight) between yourself and your guest, as well as a female screaming, which resulted in the Police attending your property at around 11pm that evening. This incident has disrupted the peace and caused distress to your neighbours. c. On 5 February 2026 – details that we have received a complaint regarding an incident that took place on 4 February 2026 at your property, whereby you and your male friend were intoxicated, arguing and physically fighting throughout the day. It was reported that a blue vehicle, believed to belong to your friend, was repeatedly revved loudly throughout the day, causing further disruption. It was also reported that four women were present at the property, drinking alcohol and making excessive noise. This behaviour has caused significant noise and has disrupted the peace of your neighbours.
The landlord also advised that they have issued a fourth notice in respect the behaviour that continued through the evening on 4 February 2026. The notice states that they had received a complaint that at approximately 11pm, the tenant and a male friend were swearing, threatening each other and throwing objects, and that the police were contacted, with the incident causing distress to neighbours. Discussion
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
On review of the evidence provided, I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986 (RTA), and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it would not be unfair to terminate the tenancy considering the circumstances in which the behaviour arose and the notices that were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
Because Habitat for Humanity Northern Region Limited has wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 04 March 2026

Tenancy Tribunal case 5440260 — Harassment at Unit/Flat 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110

At a glance

Tenancy Tribunal case 5440260 — Harassment at Unit/Flat 2, 67 Old Onerahi Road, Onerahi, Whangarei 0110

At a glance

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Order

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Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions