What was Tenancy Tribunal case 9076024 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 189487

How much money was awarded in case 9076024?

Costs: collection costs and expenses…: $10,134.55 awarded to landlord; Costs: collection costs incurred by…: $2,070.00 awarded to landlord; Costs: counsel attendance at today's…: $402.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; ORDER DescriptionsApplicantResponden…: $3,276.49 awarded to landlord

What type of tenancy dispute was case 9076024?

The primary dispute was Unit Titles. Related themes: Ordinary Levy, Costs.

Where can I read the official tribunal order for case 9076024?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13514218-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9076024 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 189487

How much money was awarded in case 9076024?

Costs: collection costs and expenses…: $10,134.55 awarded to landlord; Costs: collection costs incurred by…: $2,070.00 awarded to landlord; Costs: counsel attendance at today's…: $402.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; ORDER DescriptionsApplicantResponden…: $3,276.49 awarded to landlord

What type of tenancy dispute was case 9076024?

The primary dispute was Unit Titles. Related themes: Ordinary Levy, Costs.

Where can I read the official tribunal order for case 9076024?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13514218-UTA_Tribunal_Order.pdf.

New Lynn, Auckland Tenancy Tribunal Case 9076024 — Unit Titles

Claims and awards in Tenancy Tribunal application 9076024. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER DescriptionsApplicantRespondent Ordinary Levies for 02/07/25 to 02/07/26 period due on 4 September 2025	$3,276.49	ORDER DescriptionsApplicantRespondent Ordinary Levies for 02/07/25 to 02/07/26 period due on 4 September 2025
Costs: collection costs and expenses incurred pursuant to sections 124 and 127 UTA	$10,134.55	Costs: collection costs and expenses incurred pursuant to sections 124 and 127 UTA
Costs: collection costs incurred by body corporate managers	$2,070.00	Costs: collection costs incurred by body corporate managers
Costs: counsel attendance at today's hearing (1 hour	$402.50	Costs: counsel attendance at today's hearing (1 hour
Filing Fee	$500.00	Filing Fee

Order

[The party], [The party] must pay Body Corporate 189487 $16,383.54 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies for 02/07/25 to 02/07/26 period due on 4 September 2025 $3,276.49 Costs: collection costs and expenses incurred pursuant to sections 124 and 127 UTA $10,134.55 Costs: collection costs incurred by body corporate managers $2,070.00 Filing Fee$500.00 Costs: counsel attendance at today's hearing (1 hour) $402.50 Total award$16,383.54

Reasons

Only counsel for the body corporate attended the hearing.
The body corporate has applied for recovery of unpaid levies, 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 (‘UTA’).
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) UTA.
The body corporate has provided records to prove the amount claimed.
The outstanding operational levies total $3,276.49 for the 02/07/25 to 02/07/26 period due on 4 September 2025.

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 unit owner was in default of previous outstanding levies.
As at 9 October 2024, the total outstanding was $24,172.78, including levies, interest, debt collection charges, and s 124 costs of $2,185.04.
On 2 December 2024, the unit owner advised that they intended to sell the unit and represented that the debt would be cleared on settlement.
On 24 February 2025, the unit owner made a lump sum payment of $23,425.00, clearing the levy ledger only (which included interest). The payment did not include all outstanding debt collection charges or any s 124 costs, which are not recorded on the levy ledger and therefore remained outstanding.
On 12 March 2025, counsel for the body corporate was advised that the sale and purchase agreement had been cancelled and that the unit owner had decided not to sell the unit.
On 19 June 2025, counsel for the body corporate informed the unt owners that the outstanding balance was $6,810.88, comprising body corporate manager’s debt collection charges of $2,070.00 and counsel’s debt collection cost of $4,741.49, less ledger credit of $0.61.
The body corporate declined to rely on informal payment arrangements proposed by the unit owner and instructed that a claim be filed to obtain a formal order for the outstanding amounts.
The body corporate filed proceedings at the Tenancy Tribunal on 17 December 2025 for the overdue amounts which had been paid.
Further section 124 costs have been incurred because the unit owner failed to pay the outstanding operational levies total $3,276.49 for the 02/07/25 to 02/07/26 period due on 4 September 2025.
The legal costs incurred in in filing these proceedings to collect the legal fees and collection costs incurred previously are also payable by the unit owner, under section 127 UTA.
Section 127 UTA provides as follows: Recovery of money expended where person at fault (1) This section applies if the body corporate does any repair, work, or act that it is required or authorised to do, by or under this Act, or by or under any other Act, and the repair, work, or act was rendered necessary by reason of any wilful or negligent act or omission on the part of, or any breach of the Act, the body corporate operational rules, or any regulations by, any unit owner or his or her tenant, lessee, licensee, or invitee. (2) Any expense incurred by the body corporate in doing the repair, work, or act, together with any reasonable costs incurred in collecting the expense, is recoverable as a debt due to the body corporate (less any amount already paid) by the person who was the unit owner at the time the expense became payable or by the person who is the unit owner at the time proceedings are instituted.
Following BC 170989 v Anquila Holdings Ltd [2020] NZHC 758 at [75]), the elements needed for s 127 costs to be recoverable are when: (a) There is an act by the Body Corporate; (b) The Body Corporate must be required or authorised to do the act under the UTA or some other Act; (c) The act must be rendered necessary by reason of any wilful or negligent act or omission by specified persons; (d) Those persons must be a unit owner, or his or her or its tenant, lessee, licensee, or invitee
Applying section 127 UTA, I am satisfied that the body corporate is entitled to recover from the unit owner legal costs incurred in filing and prosecuting these proceedings to recover the initial debt which consists of debt collection charges on previous outstanding levies as an “expense” incurred by the body corporate in doing an “act” that was rendered necessary by reason of “wilful or negligent act or omission” on the part of the unit owner in refusing and failing to pay the aforesaid collection costs.
Judge Harrison in Body Corporate 331094 v Smith [2015] NZDC 17745, held legal fees incurred in pursuing payment of costs incurred in recovering outstanding levies were recoverable under s 127 UTA. It was also noted that costs might equally be sought pursuant to s 124 UTA, on the basis that the costs of recovering the overstanding levy is itself part of the debt, with all that the Body Corporate is doing pursuing payment of the balance of the debt.
I am satisfied that the costs ordered above are reasonable and payable by the unit owner pursuant to both sections 124 and 127 UTA.
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.
The amounts set out in the table above are proved.

Claims and awards in Tenancy Tribunal application 9076024. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER DescriptionsApplicantRespondent Ordinary Levies for 02/07/25 to 02/07/26 period due on 4 September 2025	$3,276.49	ORDER DescriptionsApplicantRespondent Ordinary Levies for 02/07/25 to 02/07/26 period due on 4 September 2025
Costs: collection costs and expenses incurred pursuant to sections 124 and 127 UTA	$10,134.55	Costs: collection costs and expenses incurred pursuant to sections 124 and 127 UTA
Costs: collection costs incurred by body corporate managers	$2,070.00	Costs: collection costs incurred by body corporate managers
Costs: counsel attendance at today's hearing (1 hour	$402.50	Costs: counsel attendance at today's hearing (1 hour
Filing Fee	$500.00	Filing Fee

Order

Reasons

Only counsel for the body corporate attended the hearing.
The body corporate has applied for recovery of unpaid levies, 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 (‘UTA’).
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) UTA.
The body corporate has provided records to prove the amount claimed.
The outstanding operational levies total $3,276.49 for the 02/07/25 to 02/07/26 period due on 4 September 2025.

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 unit owner was in default of previous outstanding levies.
As at 9 October 2024, the total outstanding was $24,172.78, including levies, interest, debt collection charges, and s 124 costs of $2,185.04.
On 2 December 2024, the unit owner advised that they intended to sell the unit and represented that the debt would be cleared on settlement.
On 24 February 2025, the unit owner made a lump sum payment of $23,425.00, clearing the levy ledger only (which included interest). The payment did not include all outstanding debt collection charges or any s 124 costs, which are not recorded on the levy ledger and therefore remained outstanding.
On 12 March 2025, counsel for the body corporate was advised that the sale and purchase agreement had been cancelled and that the unit owner had decided not to sell the unit.
On 19 June 2025, counsel for the body corporate informed the unt owners that the outstanding balance was $6,810.88, comprising body corporate manager’s debt collection charges of $2,070.00 and counsel’s debt collection cost of $4,741.49, less ledger credit of $0.61.
The body corporate declined to rely on informal payment arrangements proposed by the unit owner and instructed that a claim be filed to obtain a formal order for the outstanding amounts.
The body corporate filed proceedings at the Tenancy Tribunal on 17 December 2025 for the overdue amounts which had been paid.
Further section 124 costs have been incurred because the unit owner failed to pay the outstanding operational levies total $3,276.49 for the 02/07/25 to 02/07/26 period due on 4 September 2025.
The legal costs incurred in in filing these proceedings to collect the legal fees and collection costs incurred previously are also payable by the unit owner, under section 127 UTA.
Section 127 UTA provides as follows: Recovery of money expended where person at fault (1) This section applies if the body corporate does any repair, work, or act that it is required or authorised to do, by or under this Act, or by or under any other Act, and the repair, work, or act was rendered necessary by reason of any wilful or negligent act or omission on the part of, or any breach of the Act, the body corporate operational rules, or any regulations by, any unit owner or his or her tenant, lessee, licensee, or invitee. (2) Any expense incurred by the body corporate in doing the repair, work, or act, together with any reasonable costs incurred in collecting the expense, is recoverable as a debt due to the body corporate (less any amount already paid) by the person who was the unit owner at the time the expense became payable or by the person who is the unit owner at the time proceedings are instituted.
Following BC 170989 v Anquila Holdings Ltd [2020] NZHC 758 at [75]), the elements needed for s 127 costs to be recoverable are when: (a) There is an act by the Body Corporate; (b) The Body Corporate must be required or authorised to do the act under the UTA or some other Act; (c) The act must be rendered necessary by reason of any wilful or negligent act or omission by specified persons; (d) Those persons must be a unit owner, or his or her or its tenant, lessee, licensee, or invitee
Applying section 127 UTA, I am satisfied that the body corporate is entitled to recover from the unit owner legal costs incurred in filing and prosecuting these proceedings to recover the initial debt which consists of debt collection charges on previous outstanding levies as an “expense” incurred by the body corporate in doing an “act” that was rendered necessary by reason of “wilful or negligent act or omission” on the part of the unit owner in refusing and failing to pay the aforesaid collection costs.
Judge Harrison in Body Corporate 331094 v Smith [2015] NZDC 17745, held legal fees incurred in pursuing payment of costs incurred in recovering outstanding levies were recoverable under s 127 UTA. It was also noted that costs might equally be sought pursuant to s 124 UTA, on the basis that the costs of recovering the overstanding levy is itself part of the debt, with all that the Body Corporate is doing pursuing payment of the balance of the debt.
I am satisfied that the costs ordered above are reasonable and payable by the unit owner pursuant to both sections 124 and 127 UTA.
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.
The amounts set out in the table above are proved.

Tenancy Tribunal case 9076024 — Unit Titles in New Lynn, Auckland

At a glance

Tenancy Tribunal case 9076024 — Unit Titles in New Lynn, Auckland

At a glance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

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 costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions