What was the outcome of Tenancy Tribunal case 9070444?

The tribunal order states: The Tribunal makes the following directions:

How much money was awarded in case 9070444?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9070444?

The primary dispute was Leaks. Related themes: Unit Titles.

Where can I read the official tribunal order for case 9070444?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13172880-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9070444?

The tribunal order states: The Tribunal makes the following directions:

How much money was awarded in case 9070444?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9070444?

The primary dispute was Leaks. Related themes: Unit Titles.

Where can I read the official tribunal order for case 9070444?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13172880-Tribunal_Order.pdf.

Riccarton, Christchurch Tenancy Tribunal Case 9070444 — Leaks

Order

The Tribunal makes the following directions: i.By 5pm on Wednesday 25 February 2026, Mr Linehan the body corporate secretary at the relevant time must email Body Corporate Administration Limited (BCAL) the body corporate manager, the body corporate bank account statements (operating and term deposit accounts) from December 2023 until the appointment of BCAL as manager. ii.Upon the request by BCAL for invoices to support particular payments from the operating account or transactions from the term deposit account, Mr Linehan must email copies of the invoices to BCAL within 2 working days of the request.

Reasons

Both parties attended the hearing today. Dr Garner represented the applicants. Ms Beaton from BCAL represented the body corporate as body corporate manager.
This application has been before the Tribunal twice previously and I have issued orders dated 15 October 2025 and 4 December 2025.
The unit owners authorised the Tribunal to make an order appointing a body corporate manager because they could not agree on the firm to be appointed. Previously voting has been split on many if not most issues equally.
Today, Dr Garner advised the Tribunal that the appointment of BCAL as the body corporate manager has stabilised what he called ‘the major governance dysfunction’.
The Tribunal was pleased to hear that some measure of accord has occurred given the sharp divisions that were evident especially at the first hearing. The Tribunal took an unorthodox approach in this case, but, with the consent of the unit owners, it appears to have paid dividends. Directions sought
Dr Garner said there were two issues that required a direction from the Tribunal. First, the applicants sought a direction that all bank statements and all invoices to support payments made from December 2023 up to the appointment of BCAL be provided to BCAL within a specified timeframe.
Second, Dr Garner sought a direction that the Tribunal endorse BCAL’s intention to obtain a Licensed Building Practitioner’s report to determine the source of water ingress which has affected multiple units and possibly common property. Directions made
Mr Linehan said he had emailed the bank statements to all unit owners and to BCAL. Neither BCAL nor the units owners present at the hearing said that they have received them.
I have issued a direction for Mr Linehan to email the bank statements for both the operating account and the term deposit account to BCAL by 5pm on Wednesday 25 February 2026. BCAL can then email the statements to all the other unit owners as it has their email addresses.
I have also directed that Mr Linehan` provide any invoices to support payments made from the operating account (or the term deposit account) within 2 working days of any request by BCAL.
The Tribunal expects these directions to be complied with. The directions are reasonable disclosure requests for matters that all unit owners have an interest in and a right to receive. Building assessment
The Tribunal need not make a direction about the body corporate obtaining a builder’s assessment. Given the water ingress issues, the body corporate has a statutory duty 1 to repair and maintain the common property, any assets designed for use in connection with the common property, any other assets owned by the body corporate, and any building elements and infrastructure that relate to or serve more than 1 unit.
BCAL recognised this by undertaking to obtain quotes for a report to determine water ingress at the 6 December 2025 EGM.
The Tribunal endorses that approach. BCAL should proceed with getting the quotes and having the report completed as soon as possible to fulfil the body corporate’s statutory responsibility to repair and maintain.
If it transpires that costs incurred by the body corporate relate to issues within a principal unit, the law provides a mechanism for cost recovery 2 . But the responsibility to repair and maintain first rests with the body corporate.
Dr Garner confirmed that the remaining issues raised in the application are moot. Those matters will be considered withdrawn.

Order

The Tribunal makes the following directions: i.By 5pm on Wednesday 25 February 2026, Mr Linehan the body corporate secretary at the relevant time must email Body Corporate Administration Limited (BCAL) the body corporate manager, the body corporate bank account statements (operating and term deposit accounts) from December 2023 until the appointment of BCAL as manager. ii.Upon the request by BCAL for invoices to support particular payments from the operating account or transactions from the term deposit account, Mr Linehan must email copies of the invoices to BCAL within 2 working days of the request.

Reasons

Both parties attended the hearing today. Dr Garner represented the applicants. Ms Beaton from BCAL represented the body corporate as body corporate manager.
This application has been before the Tribunal twice previously and I have issued orders dated 15 October 2025 and 4 December 2025.
The unit owners authorised the Tribunal to make an order appointing a body corporate manager because they could not agree on the firm to be appointed. Previously voting has been split on many if not most issues equally.
Today, Dr Garner advised the Tribunal that the appointment of BCAL as the body corporate manager has stabilised what he called ‘the major governance dysfunction’.
The Tribunal was pleased to hear that some measure of accord has occurred given the sharp divisions that were evident especially at the first hearing. The Tribunal took an unorthodox approach in this case, but, with the consent of the unit owners, it appears to have paid dividends. Directions sought
Dr Garner said there were two issues that required a direction from the Tribunal. First, the applicants sought a direction that all bank statements and all invoices to support payments made from December 2023 up to the appointment of BCAL be provided to BCAL within a specified timeframe.
Second, Dr Garner sought a direction that the Tribunal endorse BCAL’s intention to obtain a Licensed Building Practitioner’s report to determine the source of water ingress which has affected multiple units and possibly common property. Directions made
Mr Linehan said he had emailed the bank statements to all unit owners and to BCAL. Neither BCAL nor the units owners present at the hearing said that they have received them.
I have issued a direction for Mr Linehan to email the bank statements for both the operating account and the term deposit account to BCAL by 5pm on Wednesday 25 February 2026. BCAL can then email the statements to all the other unit owners as it has their email addresses.
I have also directed that Mr Linehan` provide any invoices to support payments made from the operating account (or the term deposit account) within 2 working days of any request by BCAL.
The Tribunal expects these directions to be complied with. The directions are reasonable disclosure requests for matters that all unit owners have an interest in and a right to receive. Building assessment
The Tribunal need not make a direction about the body corporate obtaining a builder’s assessment. Given the water ingress issues, the body corporate has a statutory duty 1 to repair and maintain the common property, any assets designed for use in connection with the common property, any other assets owned by the body corporate, and any building elements and infrastructure that relate to or serve more than 1 unit.
BCAL recognised this by undertaking to obtain quotes for a report to determine water ingress at the 6 December 2025 EGM.
The Tribunal endorses that approach. BCAL should proceed with getting the quotes and having the report completed as soon as possible to fulfil the body corporate’s statutory responsibility to repair and maintain.
If it transpires that costs incurred by the body corporate relate to issues within a principal unit, the law provides a mechanism for cost recovery 2 . But the responsibility to repair and maintain first rests with the body corporate.
Dr Garner confirmed that the remaining issues raised in the application are moot. Those matters will be considered withdrawn.

Tenancy Tribunal case 9070444 — Leaks in Riccarton, Christchurch

At a glance

Tenancy Tribunal case 9070444 — Leaks in Riccarton, Christchurch

At a glance

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