How much money was awarded in case 5473057?

Property Damage: $900.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5473057?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5473057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13736084-Tribunal_Order_Redacted.pdf.

How much money was awarded in case 5473057?

Property Damage: $900.00 awarded to tenant; Filing Fee: $28.00 awarded to tenant

What type of tenancy dispute was case 5473057?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 5473057?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13736084-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5473057 — Exemplary damages

Q: What was Tenancy Tribunal case 5473057 about?

The tribunal order states: The Tribunal orders suppression of the tenants’ name and identifying details.

Order

Claims and awards in Tenancy Tribunal application 5473057 — net $928.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages (failure to lodge bond	$900.00	Exemplary damages (failure to lodge bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$928.00
Total payable by Landlord to Tenant	$928.00

The Tribunal orders suppression of the tenants’ name and identifying details.

Mighty Rocket Properties Limited As Agent For Ck Trust must pay [The tenant/s] $928.00 immediately, as calculated in the table below:

Mighty Rocket Properties Limited As Agent For Ck Trust must lodge the bond of $2,200.00 with the Bond Centre by 5pm on 18 June 2026.

Reasons

The tenant attended the hearing. There was no appearance by the landlord however the owner of the property did attend the hearing.

There is no reason to believe that the landlord was not served with notice of the hearing and the hearing proceeded in their absence.

The tenant has applied for exemplary damages for a failure to lodge the bond and also seeks an order that the bond be refunded.

The tenancy commenced on 30 January 2025. At that time, the tenants made payment of $2,200.00 for bond, in accordance with the tenancy agreement and provided evidence confirming payment.

The tenancy remains ongoing. The owner advised that the property manager has since been removed as property manager after difficulties with being forwarded rent. There is a dispute between the owner and property manager that sits outside the jurisdiction of this Tribunal. Exemplary damages

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 (RTA).

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 RTA.

The landlord has breached their obligation to lodge the bond as the RTA requires. No reasons have been advanced as to why this did not occur. 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) RTA.

Considering the section 109 factors, I find exemplary damages should be awarded. I consider the breach intentional and have no evidence to the contrary. As a property manager, the landlord would have known that the bond needed to be lodged with the bond centre. The effect for the tenants is that now, there is no security that the bond is being securely held, and in circumstances where the property manager is no longer manager the property and failing to respond to communications, that is very stressful. There are very strong interests for tenants and landlord to have the bond to be held at the Bond Centre.

In this case I consider an order of exemplary damages at the level of $900.00 would be indicated. That is 60% of the maximum level available. I have reached that figure as I am aware of other cases the Tribunal has considered against a property manager for similar bond breaches. Other matters

The tenants, understandably, sought to have the bond refunded to them. However, there is no explicit power within the RTA to order a refund of the bond to the tenants while the tenancy is ongoing.

I have instead ordered that the bond be lodged with the Bond Centre.

If the landlord fails to comply with this order, the tenants may apply for further remedies, including enforcement of this order and/or further exemplary damages.

Because [The applicant/s] have wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 11 June 2026

Claims and awards in Tenancy Tribunal application 5473057 — net $928.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Exemplary damages (failure to lodge bond	$900.00	Exemplary damages (failure to lodge bond
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$928.00
Total payable by Landlord to Tenant	$928.00

Order

The Tribunal orders suppression of the tenants’ name and identifying details.
Mighty Rocket Properties Limited As Agent For Ck Trust must pay [The tenant/s] $928.00 immediately, as calculated in the table below:

Mighty Rocket Properties Limited As Agent For Ck Trust must lodge the bond of $2,200.00 with the Bond Centre by 5pm on 18 June 2026.

Reasons

The tenant attended the hearing. There was no appearance by the landlord however the owner of the property did attend the hearing.
There is no reason to believe that the landlord was not served with notice of the hearing and the hearing proceeded in their absence.
The tenant has applied for exemplary damages for a failure to lodge the bond and also seeks an order that the bond be refunded.
The tenancy commenced on 30 January 2025. At that time, the tenants made payment of $2,200.00 for bond, in accordance with the tenancy agreement and provided evidence confirming payment.
The tenancy remains ongoing. The owner advised that the property manager has since been removed as property manager after difficulties with being forwarded rent. There is a dispute between the owner and property manager that sits outside the jurisdiction of this Tribunal. Exemplary damages
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 (RTA).
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 RTA.
The landlord has breached their obligation to lodge the bond as the RTA requires. No reasons have been advanced as to why this did not occur. 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) RTA.
Considering the section 109 factors, I find exemplary damages should be awarded. I consider the breach intentional and have no evidence to the contrary. As a property manager, the landlord would have known that the bond needed to be lodged with the bond centre. The effect for the tenants is that now, there is no security that the bond is being securely held, and in circumstances where the property manager is no longer manager the property and failing to respond to communications, that is very stressful. There are very strong interests for tenants and landlord to have the bond to be held at the Bond Centre.
In this case I consider an order of exemplary damages at the level of $900.00 would be indicated. That is 60% of the maximum level available. I have reached that figure as I am aware of other cases the Tribunal has considered against a property manager for similar bond breaches. Other matters
The tenants, understandably, sought to have the bond refunded to them. However, there is no explicit power within the RTA to order a refund of the bond to the tenants while the tenancy is ongoing.
I have instead ordered that the bond be lodged with the Bond Centre.
If the landlord fails to comply with this order, the tenants may apply for further remedies, including enforcement of this order and/or further exemplary damages.
Because [The applicant/s] have wholly succeeded with the claim I must also reimburse the filing fee. R Harvey-Lane 11 June 2026

Tenancy Tribunal case 5473057 — Exemplary damages

At a glance

Award balance

Tenancy Tribunal case 5473057 — Exemplary damages

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions