What was Tenancy Tribunal case 9074604 about?

The tribunal order states: [The party] must pay Body Corporate 476439 $61,219.55 immediately,

How much money was awarded in case 9074604?

Costs Of Collection - Price Baker Be…: $9,499.88 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Handover From Strata: $287.50 awarded to landlord; Interest: $2,524.33 awarded to landlord; Interest: $2,503.67 awarded to landlord; Levies: $45,754.17 awarded to landlord; Time For Today’S Hearing: $150.00 awarded to landlord

What type of tenancy dispute was case 9074604?

The dispute type was not classified.

Where can I read the official tribunal order for case 9074604?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13143645-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9074604 about?

The tribunal order states: [The party] must pay Body Corporate 476439 $61,219.55 immediately,

How much money was awarded in case 9074604?

Costs Of Collection - Price Baker Be…: $9,499.88 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Handover From Strata: $287.50 awarded to landlord; Interest: $2,524.33 awarded to landlord; Interest: $2,503.67 awarded to landlord; Levies: $45,754.17 awarded to landlord; Time For Today’S Hearing: $150.00 awarded to landlord

What type of tenancy dispute was case 9074604?

The dispute type was not classified.

Where can I read the official tribunal order for case 9074604?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13143645-UTA_Tribunal_Order.pdf.

Manukau, Auckland Tenancy Tribunal Case 9074604 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9074604 — net $61,219.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levies	$45,754.17	Levies
Interest - unit 103	$2,524.33	Interest - unit 103
Interest - unit 106	$2,503.67	Interest - unit 106
Handover from Strata	$287.50	Handover from Strata
Costs of collection - Price Baker Berridge	$9,499.88	Costs of collection - Price Baker Berridge
Time for today’s hearing	$150.00	Time for today’s hearing
Filing Fee	$500.00	Filing Fee
Net award	$61,219.55
Total payable by Tenant to Landlord	$61,219.55

[The party] must pay Body Corporate 476439 $61,219.55 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$45,754.17 Interest - unit 103$2,524.33 Interest - unit 106$2,503.67 Handover from Strata$287.50 Costs of collection - Price Baker Berridge$9,499.88 Time for today’s hearing$150.00 Filing Fee$500.00 Total award$61,219.55 Total payable by Respondent to Applicant $61,219.55

Reasons

Both parties attended the hearing which was held by video conference.

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.

At today’s date, for unit 103, the owner owes operational levies amounting to $8,958.59 and special levies amounting to $14,015.96.

At today’s date, for unit 106, the owner owes $8,879.62 for operational levies and $13,900.17 for special levies.

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.

I note that the owner owns two apartments in the complex. Significant remedial works were required and are apparently ongoing. On 30 October 2024 the High Court in Auckland settled a scheme governing the proposed repairs, with all costs relating to the repairs to be charged to owners in accordance with their utility interests. The scheme also provided that owners who do not pay in accordance with the scheme would be liable for costs relating to that non-payment.

The owner accepts that the levy payments asked for today have not been paid.

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.

At today’s hearing the owner objected to the amount charged as interest, saying that the 10% charge was far too high.

However, this charge was minuted without objection in the Annual General Meetings and so must be paid.

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 and in accordance with current industry practice. Also see the District Court decision in BC 346799 v Gueirard & Vu [2023] NZDC 19645.

Further to this, I am ordering the owner to reimburse the filing fee to the Body Corporate because the Body Corporate has succeeded with the claim. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986. C ter Haar 18 February 2026

Claims and awards in Tenancy Tribunal application 9074604 — net $61,219.55 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levies	$45,754.17	Levies
Interest - unit 103	$2,524.33	Interest - unit 103
Interest - unit 106	$2,503.67	Interest - unit 106
Handover from Strata	$287.50	Handover from Strata
Costs of collection - Price Baker Berridge	$9,499.88	Costs of collection - Price Baker Berridge
Time for today’s hearing	$150.00	Time for today’s hearing
Filing Fee	$500.00	Filing Fee
Net award	$61,219.55
Total payable by Tenant to Landlord	$61,219.55

Order

[The party] must pay Body Corporate 476439 $61,219.55 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$45,754.17 Interest - unit 103$2,524.33 Interest - unit 106$2,503.67 Handover from Strata$287.50 Costs of collection - Price Baker Berridge$9,499.88 Time for today’s hearing$150.00 Filing Fee$500.00 Total award$61,219.55 Total payable by Respondent to Applicant $61,219.55

Reasons

Both parties attended the hearing which was held by video conference.
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.
At today’s date, for unit 103, the owner owes operational levies amounting to $8,958.59 and special levies amounting to $14,015.96.
At today’s date, for unit 106, the owner owes $8,879.62 for operational levies and $13,900.17 for special levies.
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.
I note that the owner owns two apartments in the complex. Significant remedial works were required and are apparently ongoing. On 30 October 2024 the High Court in Auckland settled a scheme governing the proposed repairs, with all costs relating to the repairs to be charged to owners in accordance with their utility interests. The scheme also provided that owners who do not pay in accordance with the scheme would be liable for costs relating to that non-payment.
The owner accepts that the levy payments asked for today have not been paid.

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.
At today’s hearing the owner objected to the amount charged as interest, saying that the 10% charge was far too high.
However, this charge was minuted without objection in the Annual General Meetings and so must be paid.

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 and in accordance with current industry practice. Also see the District Court decision in BC 346799 v Gueirard & Vu [2023] NZDC 19645.
Further to this, I am ordering the owner to reimburse the filing fee to the Body Corporate because the Body Corporate has succeeded with the claim. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986. C ter Haar 18 February 2026

Tenancy Tribunal case 9074604 — Tenancy dispute in Manukau, Auckland

At a glance

Award balance

Tenancy Tribunal case 9074604 — Tenancy dispute in Manukau, Auckland

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

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