Published tribunal order
Tenancy Tribunal case 9073504 — Unit Titles in Waimauku, Waimauku
Published 9 February 2026 · Application 9073504
Mixed / unclear
- Unit Titles
- Costs
- Interest
Order
- Anthony Colvin Holdaway, Rabbul Neshia Holdaway must pay Body Corporate 391104 $18,677.76 immediately, calculated as follows: DescriptionsApplicant Outstanding Levies (to 4 February 2026)$10,604.48 Costs$6,852.80 Costs: Attendance at Hearing$175.00 Filing Fee$500.00 Interest: at 10% from each due to date to 4 February 2026 $545.48 Total award$18,677.76
Reasons
- Counsel for the Body Corporate attended the hearing by video.
- The Unit Owners did not attend. Ms Holdaway had applied for an adjournment on 4 & 5 February 2026. The adjournment was not granted. I attempted to call the unit owners three times during the hearing, I left two voice messages and called both their mobile phone number and landline.
- The adjournment request was made on the basis that Ms Holdaway was unavailable due to personal reasons, existing deadlines and dental treatment. There was no reason given as to why Mr Holdaway could not or would not attend. The evidence provided by Ms Holdaway did not provide grounds for an adjournment. a. The evidence provided Ms Holdaway was a note from a GP recording that she had dental pain and intended to see a dentist to address the issues. There was no evidence of any appointment having been made for the hearing time. b. She also provided a partially redacted, undated, email recording a reminder from the Ministry of Justice that a bundle of documents/authorities (for an unrelated matter) is due for filing on 9 February 2026. That document is not grounds for adjourning this hearing. c. Ms Holdaway also said that she required sufficient time to respond to the disputed levies. Some of the levies have been outstanding since 2024. This application was submitted in December 2025, and Ms Holdaway advised at that time. The Notice of Hearing was sent on 20 January 2026. Ms Holdaway did not contact the Tribunal regarding timing until the afternoon of 4 February 2026.
- I am satisfied that it was appropriate to proceed with the hearing. The Unit Owners were aware of the hearing, an adjournment request had not been granted and the Tribunal made multiple attempts to join them to 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 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.
- The outstanding levies are as follows: a. $2,092.08 – Due 28/11/2024 b. $2,128.10 – Due 28/02/2025 c. $2,128.10 – Due 29/05/2025 d. $2,128.10 – Due 29/08/2025 e. $2,128.10 – Due 28/11/2025
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 provided a table and a printout from its accounting system showing the amount claimed for interest. I have awarded the amount claimed as I am satisfied, that at least that amount is owed if interest is calculated at the rate of 10% from each due 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.