What was Tenancy Tribunal case 9071884 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 209549

How much money was awarded in case 9071884?

Costs: BC: $1,482.88 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Levy: $6,456.48 awarded to landlord

What type of tenancy dispute was case 9071884?

The dispute type was not classified.

Where can I read the official tribunal order for case 9071884?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12628228-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9071884 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 209549

How much money was awarded in case 9071884?

Costs: BC: $1,482.88 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Levy: $6,456.48 awarded to landlord

What type of tenancy dispute was case 9071884?

The dispute type was not classified.

Where can I read the official tribunal order for case 9071884?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12628228-UTA_Tribunal_Order.pdf.

Gulf Harbour, Whangaparaoa Tenancy Tribunal Case 9071884 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9071884 — net $9,088.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levy	$6,456.48	Levy
Filing Fee	$500.00	Filing Fee
Costs: BC	$1,482.88	Costs: BC
Net award	$9,088.65
Total payable by Tenant to Landlord	$9,088.65

[The party], [The party] must pay Body Corporate 209549 $9,088.65 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$6,456.48 Filing Fee$500.00 Costs: BC$1,482.88 Total award$8,439.36 Total interest$649.29 Total award with interest$9,088.65 Total payable by Respondent to Applicant $9,088.65

Reasons

Both parties attended today’s phone 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 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.

The Body Corporate sought $976.50 in interest. I have calculated interest at 10% from the date each levy was due until today’s date. The amount I have calculated is in the order and is substantially less that the amount claimed. It appears that the Body Corporate may have calculated their interest incorrectly or on an interest-on-interest basis. The liability for interest is interest on the debt only from the date due to the date of payment.

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. The costs were calculated on a time in attendance basis, the hourly rate and the time spent is reasonable for the claim. The fee of $120.00 for sending a final demand letter in May 2025 is reasonable.

The courier fees claimed $11.50 do not relate to this claim or unit and therefore cannot be collected as part of this claim. The Body Corporate’s claim for courier fees is not proven.

The on charge fee of $126.50 appears to relate to an alleged breach of the operational rules. This was not part of the claim and therefore I have made no determination in respect of this charge.

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 and awards in Tenancy Tribunal application 9071884 — net $9,088.65 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levy	$6,456.48	Levy
Filing Fee	$500.00	Filing Fee
Costs: BC	$1,482.88	Costs: BC
Net award	$9,088.65
Total payable by Tenant to Landlord	$9,088.65

Order

[The party], [The party] must pay Body Corporate 209549 $9,088.65 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$6,456.48 Filing Fee$500.00 Costs: BC$1,482.88 Total award$8,439.36 Total interest$649.29 Total award with interest$9,088.65 Total payable by Respondent to Applicant $9,088.65

Reasons

Both parties attended today’s phone 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 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.
The Body Corporate sought $976.50 in interest. I have calculated interest at 10% from the date each levy was due until today’s date. The amount I have calculated is in the order and is substantially less that the amount claimed. It appears that the Body Corporate may have calculated their interest incorrectly or on an interest-on-interest basis. The liability for interest is interest on the debt only from the date due to the date of payment.

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. The costs were calculated on a time in attendance basis, the hourly rate and the time spent is reasonable for the claim. The fee of $120.00 for sending a final demand letter in May 2025 is reasonable.
The courier fees claimed $11.50 do not relate to this claim or unit and therefore cannot be collected as part of this claim. The Body Corporate’s claim for courier fees is not proven.
The on charge fee of $126.50 appears to relate to an alleged breach of the operational rules. This was not part of the claim and therefore I have made no determination in respect of this charge.
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 9071884 — Tenancy dispute in Gulf Harbour, Whangaparaoa

At a glance

Tenancy Tribunal case 9071884 — Tenancy dispute in Gulf Harbour, Whangaparaoa

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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.