Tenantcheck Insights · Case study

Tenancy Tribunal case 9067784 — Tenancy dispute in Auckland Central, Auckland

Decided 26 Aug 2025 · Published 26 Aug 2025 · Application 9067784

Costs
Interest
Unit Titles

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At a glance

Key facts from the published tribunal order.

Location

Auckland

Tribunal region

Adjudicator

J Setefano

Dispute themes

Award balance

Gross awards, any bond applied per the order, and the remaining balance payable.

Gross award: $70,840.83
Total balance for Tenant to pay Landlord: $70,840.83

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 9067784 — net $70,840.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unpaid levies	$59,551.19	Unpaid levies
Interest	$8,012.14	Interest
Costs	$2,777.50	Costs
Filing Fee	$500.00	Filing Fee
Net award

Order

[The party] must pay Body Corporate 384911 $70,840.83 immediately, calculated as follows: DescriptionsApplicantRespondent Unpaid levies$59,551.19 Interest$8,012.14 Costs$2,777.50 Filing Fee$500.00 Total payable by Respondent to Applicant $70,840.83

Reasons

Mr Donovan appeared as Counsel for the Body Corporate by teleconference. The respondent did not attend the hearing. I am satisfied that adequate service of the hearing notice has been completed and considered it reasonable to proceed with the hearing in the respondent’s absence.
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 at 10% 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.
As the Body Corporate has succeeded with the claim, I must order the respondent to reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Topics & place

Topics are dispute themes across the order (not the same as claim-type money lines).

Costs Interest Unit Titles Auckland

Residential Tenancies Act sections

s0800, s102(4), s124, s124(1), s128, s176(1), s80(1)

Key findings

Dispute theme: unit titles
Dispute theme: interest
Dispute theme: costs

Frequently asked questions

Common questions about this Tenancy Tribunal case.

What was Tenancy Tribunal case 9067784 about?

The tribunal order states: [The party] must pay Body Corporate 384911 $70,840.83 immediately,

How much money was awarded in case 9067784?

Costs: $2,777.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $8,012.14 awarded to landlord; Unpaid Levies: $59,551.19 awarded to landlord

What type of tenancy dispute was case 9067784?

The dispute type was not classified.

Where can I read the official tribunal order for case 9067784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12321907-UTA_Tribunal_Order.pdf.

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Claims and awards in Tenancy Tribunal application 9067784 — net $70,840.83 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.

Claim

Landlord

Tenant

Reason

Unpaid levies

$59,551.19

Unpaid levies

Interest

$8,012.14

Interest

Costs

$2,777.50

Costs

Filing Fee

$500.00

Filing Fee

Net award

Reasons

Mr Donovan appeared as Counsel for the Body Corporate by teleconference. The respondent did not attend the hearing. I am satisfied that adequate service of the hearing notice has been completed and considered it reasonable to proceed with the hearing in the respondent’s absence.

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 at 10% 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.

As the Body Corporate has succeeded with the claim, I must order the respondent to reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.