What was Tenancy Tribunal case 9069104 about?

The tribunal order states: [The party] must pay Body Corporate 197281 $72,274.19 immediately,

How much money was awarded in case 9069104?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9069104?

The dispute type was not classified.

Where can I read the official tribunal order for case 9069104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12435999-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9069104 about?

The tribunal order states: [The party] must pay Body Corporate 197281 $72,274.19 immediately,

How much money was awarded in case 9069104?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9069104?

The dispute type was not classified.

Where can I read the official tribunal order for case 9069104?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12435999-UTA_Tribunal_Order.pdf.

Mount Wellington, Auckland Tenancy Tribunal Case 9069104 — Tenancy dispute

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Mount Wellington, Auckland Tenancy Tribunal Case 9069104 — Tenancy dispute | TenantCheck

Order

[The party] must pay Body Corporate 197281 $72,274.19 immediately, calculated as follows: DescriptionsApplicant Ordinary levies and water charges Remedial levies $4,716.50 $45,229.38 Costs – Recovery efforts to 30 July 2025$4,087.50 Costs – Further costs to 15 September 2025$3,198.93 Filing Fee$500.00 Total award$59,792.31 Total interest$12,481.88 Total award with interest$72,274.19 Total payable by Respondent to Applicant$72,274.19

Reasons

Only the applicant attended the hearing.
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 ordinary levies and water charges 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 dates for the levies to be paid, and the unit owner has not paid the levies by these dates. See section 124(1) Unit Titles Act 2010.
The unit owner has outstanding ordinary levies rates dating back to 28 September 2024 and water charges dating back to 24 May 2024.

Does the Unit Owner owe the remedial levies claimed?

On 7 March 2013 the applicant’s application to the High Court, to establish a scheme for works addressing weathertightness issues with Mountain View 22 February 2012, was successful. It provided that the unit owners could be levied to pay for the Reinstatement Project.
The submission by the applicant in support of the Tribunal claim is that: “the applicant issued 10 remedial levies for unit owners to pay. For the respondent, these totalled $368,148.95. The respondent was issued Invoice 0044 on 31 October 2018, recording an opening balance of $45,229.38, reflecting the fact that $322,919.57 of the 10 remedial levies had been addressed through either credits applied or payment by the respondent.”
The $45,229.38 referred to above has been outstanding since that date.

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 calculation of interest in this case is complicated. It involves both interest on the ordinary levy and the remedial levy.
Counsel for the Body Corporate has suggested that interest be calculated using the Money Claims Act 2016. I have considered the calculations using both methods and accept that the calculation using the Money Claims Act 2016 is fair and reasonable. It is considerably less than applying 10% to the debt. The Body Corporate has proved the amount of interest owing from the due dates 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.
The applicant has provided details of the costs incurred in the recovery of the amounts owed by the respondent.
I am satisfied that the costs ordered above are reasonable. Filing Fee
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.

Order

[The party] must pay Body Corporate 197281 $72,274.19 immediately, calculated as follows: DescriptionsApplicant Ordinary levies and water charges Remedial levies $4,716.50 $45,229.38 Costs – Recovery efforts to 30 July 2025$4,087.50 Costs – Further costs to 15 September 2025$3,198.93 Filing Fee$500.00 Total award$59,792.31 Total interest$12,481.88 Total award with interest$72,274.19 Total payable by Respondent to Applicant$72,274.19

Reasons

Only the applicant attended the hearing.
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 ordinary levies and water charges 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 dates for the levies to be paid, and the unit owner has not paid the levies by these dates. See section 124(1) Unit Titles Act 2010.
The unit owner has outstanding ordinary levies rates dating back to 28 September 2024 and water charges dating back to 24 May 2024.

Does the Unit Owner owe the remedial levies claimed?

On 7 March 2013 the applicant’s application to the High Court, to establish a scheme for works addressing weathertightness issues with Mountain View 22 February 2012, was successful. It provided that the unit owners could be levied to pay for the Reinstatement Project.
The submission by the applicant in support of the Tribunal claim is that: “the applicant issued 10 remedial levies for unit owners to pay. For the respondent, these totalled $368,148.95. The respondent was issued Invoice 0044 on 31 October 2018, recording an opening balance of $45,229.38, reflecting the fact that $322,919.57 of the 10 remedial levies had been addressed through either credits applied or payment by the respondent.”
The $45,229.38 referred to above has been outstanding since that date.

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 calculation of interest in this case is complicated. It involves both interest on the ordinary levy and the remedial levy.
Counsel for the Body Corporate has suggested that interest be calculated using the Money Claims Act 2016. I have considered the calculations using both methods and accept that the calculation using the Money Claims Act 2016 is fair and reasonable. It is considerably less than applying 10% to the debt. The Body Corporate has proved the amount of interest owing from the due dates 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.
The applicant has provided details of the costs incurred in the recovery of the amounts owed by the respondent.
I am satisfied that the costs ordered above are reasonable. Filing Fee
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 9069104 — Tenancy dispute in Mount Wellington, Auckland

Tenancy Tribunal case 9069104 — Tenancy dispute in Mount Wellington, Auckland

Order

Reasons

Does the Unit Owner owe the ordinary levies and water charges claimed?

Does the Unit Owner owe the remedial levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Order

Reasons

Does the Unit Owner owe the ordinary levies and water charges claimed?

Does the Unit Owner owe the remedial levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?