What was the outcome of Tenancy Tribunal case 9055224?

The tribunal order states: Anaru Henry Wray Tuhakaraina must pay Body Corporate S47777 $14,694.70

How much money was awarded in case 9055224?

Costs: Attendance At Hearing: $168.35 awarded to landlord; Costs: Crockers Costs: $1,114.25 awarded to landlord; Costs: Morgan Coakle: $1,620.60 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $11,291.50 awarded to landlord

What type of tenancy dispute was case 9055224?

The dispute type was not classified.

Where can I read the official tribunal order for case 9055224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10993565-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9055224?

The tribunal order states: Anaru Henry Wray Tuhakaraina must pay Body Corporate S47777 $14,694.70

How much money was awarded in case 9055224?

Costs: Attendance At Hearing: $168.35 awarded to landlord; Costs: Crockers Costs: $1,114.25 awarded to landlord; Costs: Morgan Coakle: $1,620.60 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $11,291.50 awarded to landlord

What type of tenancy dispute was case 9055224?

The dispute type was not classified.

Where can I read the official tribunal order for case 9055224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10993565-UTA_Tribunal_Order.pdf.

Kawerau, Bay of Plenty Tenancy Tribunal Case 9055224 — Tenancy dispute

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Kawerau, Bay of Plenty Tenancy Tribunal Case 9055224 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9055224 — net $14,694.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
from 20 January 2021 until 30 May 2024 Interest on unpaid levies	$11,291.50	from 20 January 2021 until 30 May 2024 Interest on unpaid levies
Costs: Morgan Coakle	$1,620.60	Costs: Morgan Coakle
Costs: Crockers Costs	$1,114.25	Costs: Crockers Costs
Filing Fee	$500.00	Filing Fee
Costs: Attendance at hearing	$168.35	Costs: Attendance at hearing
Net award	$14,694.70
Total payable by Tenant to Landlord	$14,694.70

Claims and awards for application 9055224 — net $14,694.70 NZD. Verify on MoJ.

from 20 January 2021 until 30 May 2024 Interest on unpaid levies

Amount: $11,291.50
Awarded to: Landlord
Reason: from 20 January 2021 until 30 May 2024 Interest on unpaid levies

Costs: Morgan Coakle

Amount: $1,620.60
Awarded to: Landlord
Reason: Costs: Morgan Coakle

Costs: Crockers Costs

Amount: $1,114.25
Awarded to: Landlord
Reason: Costs: Crockers Costs

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Costs: Attendance at hearing

Amount: $168.35
Awarded to: Landlord
Reason: Costs: Attendance at hearing

Claim types — money lines allowed on this order

Filing Fee Interest

Order

Anaru Henry Wray Tuhakaraina must pay Body Corporate S47777 $14,694.70 immediately, calculated as follows: Descriptions Levies from 20 January 2021 until 30 May 2024 Interest on unpaid levies $11,291.50 $1,093.47 Costs: Morgan Coakle$1,620.60 Costs: Crockers Costs$1,114.25 Filing Fee$500.00 Costs: Attendance at hearing$168.35 Total award$14,694.70 Total payable by Respondent to Applicant $14,694.70

Reasons

Only the Solicitor acting for the applicant, Ms Tobeck, attended the hearing, which was convened in Rotorua so that Mr Tuhakaraina could attend if he wished. He did not do so.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has determined the levies payable and unit owner's share has been calculated according to their utility interest.
The body corporate has fixed the due date for the levies to be paid, and the unit owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount claimed.

Is the Unit owner liable for interest?

If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10% per annum. See section 128 Unit Titles Act 2010.
The body corporate has resolved to charge interest at10% per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to the hearing date.

Is the Unit owner liable for costs?

Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate. In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9055224 — net $14,694.70 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
from 20 January 2021 until 30 May 2024 Interest on unpaid levies	$11,291.50	from 20 January 2021 until 30 May 2024 Interest on unpaid levies
Costs: Morgan Coakle	$1,620.60	Costs: Morgan Coakle
Costs: Crockers Costs	$1,114.25	Costs: Crockers Costs
Filing Fee	$500.00	Filing Fee
Costs: Attendance at hearing	$168.35	Costs: Attendance at hearing
Net award	$14,694.70
Total payable by Tenant to Landlord	$14,694.70

Claims and awards for application 9055224 — net $14,694.70 NZD. Verify on MoJ.

from 20 January 2021 until 30 May 2024 Interest on unpaid levies

Amount: $11,291.50
Awarded to: Landlord
Reason: from 20 January 2021 until 30 May 2024 Interest on unpaid levies

Costs: Morgan Coakle

Amount: $1,620.60
Awarded to: Landlord
Reason: Costs: Morgan Coakle

Costs: Crockers Costs

Amount: $1,114.25
Awarded to: Landlord
Reason: Costs: Crockers Costs

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Costs: Attendance at hearing

Amount: $168.35
Awarded to: Landlord
Reason: Costs: Attendance at hearing

Claim types — money lines allowed on this order

Filing Fee Interest

Order

Anaru Henry Wray Tuhakaraina must pay Body Corporate S47777 $14,694.70 immediately, calculated as follows: Descriptions Levies from 20 January 2021 until 30 May 2024 Interest on unpaid levies $11,291.50 $1,093.47 Costs: Morgan Coakle$1,620.60 Costs: Crockers Costs$1,114.25 Filing Fee$500.00 Costs: Attendance at hearing$168.35 Total award$14,694.70 Total payable by Respondent to Applicant $14,694.70

Reasons

Only the Solicitor acting for the applicant, Ms Tobeck, attended the hearing, which was convened in Rotorua so that Mr Tuhakaraina could attend if he wished. He did not do so.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has determined the levies payable and unit owner's share has been calculated according to their utility interest.
The body corporate has fixed the due date for the levies to be paid, and the unit owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount claimed.

Is the Unit owner liable for interest?

If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10% per annum. See section 128 Unit Titles Act 2010.
The body corporate has resolved to charge interest at10% per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to the hearing date.

Is the Unit owner liable for costs?

Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate. In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9055224 — Tenancy dispute in Kawerau, Bay of Plenty

At a glance

Tenancy Tribunal case 9055224 — Tenancy dispute in Kawerau, Bay of Plenty

At a glance

Award balance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions