What was Tenancy Tribunal case 9081224 about?

The tribunal order states: This order revokes and replaces the order issued on 14 July 2026 due to an

How much money was awarded in case 9081224?

Appearance fees: Crockers (30 minute…: $100.63 awarded to landlord; Appearance fees: Morgan Coakle (30 m…: $112.13 awarded to landlord; Costs: Crockers: $667.00 awarded to landlord; Costs: Morgan Coakle: $1,783.03 awarded to landlord; Filing Fee: $500.00 awarded to landlord; General Levies: $11,581.88 awarded to landlord; Interest: $1,572.31 awarded to landlord; Water: $1,528.30 awarded to landlord

What type of tenancy dispute was case 9081224?

The dispute type was not classified.

Where can I read the official tribunal order for case 9081224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13904829-Tribunal_Order.pdf.

What was Tenancy Tribunal case 9081224 about?

The tribunal order states: This order revokes and replaces the order issued on 14 July 2026 due to an

How much money was awarded in case 9081224?

Appearance fees: Crockers (30 minute…: $100.63 awarded to landlord; Appearance fees: Morgan Coakle (30 m…: $112.13 awarded to landlord; Costs: Crockers: $667.00 awarded to landlord; Costs: Morgan Coakle: $1,783.03 awarded to landlord; Filing Fee: $500.00 awarded to landlord; General Levies: $11,581.88 awarded to landlord; Interest: $1,572.31 awarded to landlord; Water: $1,528.30 awarded to landlord

What type of tenancy dispute was case 9081224?

The dispute type was not classified.

Where can I read the official tribunal order for case 9081224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13904829-Tribunal_Order.pdf.

Onehunga, Auckland Tenancy Tribunal Case 9081224 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9081224 — net $17,845.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interest on general levies and water to 14 July 2026	$1,572.31	Interest on general levies and water to 14 July 2026
Appearance fees: Morgan Coakle (30 minutes	$112.13	Appearance fees: Morgan Coakle (30 minutes
General levies	$11,581.88	General levies
Water to 16 May 2026 (due date	$1,528.30	Water to 16 May 2026 (due date
Costs: Morgan Coakle	$1,783.03	Costs: Morgan Coakle
Costs: Crockers	$667.00	Costs: Crockers
Filing Fee	$500.00	Filing Fee
Appearance fees: Crockers (30 minutes	$100.63	Appearance fees: Crockers (30 minutes
Net award	$17,845.28
Total payable by Tenant to Landlord	$17,845.28

This order revokes and replaces the order issued on 14 July 2026 due to an inadvertent error.

[The party] must pay Body Corporate 125530 $17,845.28 immediately, calculated as follows: DescriptionsApplicantRespondent General levies $11,581.88 Water to 16 May 2026 (due date)$1,528.30 Interest on general levies and water to 14 July 2026 $1,572.31 Costs: Morgan Coakle$1,783.03 Costs: Crockers$667.00 Filing Fee$500.00 Appearance fees: Morgan Coakle (30 minutes) $112.13 Appearance fees: Crockers (30 minutes)$100.63 Total award$17,845.28 Total payable by Respondent to Applicant $17,845.28

Reasons

Both parties attended the hearing. The body corporate had counsel attending and a representative of the body corporate secretary.

The body corporate has applied for recovery of unpaid levies, water, 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 (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 levies include amounts due on 30 April 2024, 14 October 2024, 30 April 2025, 30 October 2025 and 30 April 2026. The body corporate has provided records to prove the amount claimed.

There are also unpaid charges for water rates since May 2024, and the body corporate provided records to prove the total amount claimed.

The unit owner did not dispute that she had not paid body corporate levies or water rates, however she advised that she had not paid levies due to issues with the roof at the premises. She also had issues with accessing the water rates invoices or amounts.

However, no application has been filed against the body corporate, and no evidence has been provided in support of any claim(s). In any event, body corporate levies are a statutory debt and must be paid when due, regardless of any disputes about the body corporate’s actions.

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 UTA.

The body corporate has resolved to charge interest at 10% per annum on unpaid levies and outgoings. The Body Corporate has proved the amount of interest owing from the due date and this has been updated through to the hearing 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 have included costs for appearance at the hearing as sought, based on hourly rates of $195.00 plus GST for Morgan Coakle and $165.00 plus GST for Crockers and a 30-minute hearing.

I am satisfied that the costs ordered above are reasonable.

Because the body corporate has succeeded with the claim, I have also reimbursed the filing fee. Section 176(1) UTA and section 102(4) Residential Tenancies Act 1986. R Harvey-Lane 16 July 2026

Claims and awards in Tenancy Tribunal application 9081224 — net $17,845.28 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interest on general levies and water to 14 July 2026	$1,572.31	Interest on general levies and water to 14 July 2026
Appearance fees: Morgan Coakle (30 minutes	$112.13	Appearance fees: Morgan Coakle (30 minutes
General levies	$11,581.88	General levies
Water to 16 May 2026 (due date	$1,528.30	Water to 16 May 2026 (due date
Costs: Morgan Coakle	$1,783.03	Costs: Morgan Coakle
Costs: Crockers	$667.00	Costs: Crockers
Filing Fee	$500.00	Filing Fee
Appearance fees: Crockers (30 minutes	$100.63	Appearance fees: Crockers (30 minutes
Net award	$17,845.28
Total payable by Tenant to Landlord	$17,845.28

Order

This order revokes and replaces the order issued on 14 July 2026 due to an inadvertent error.
[The party] must pay Body Corporate 125530 $17,845.28 immediately, calculated as follows: DescriptionsApplicantRespondent General levies $11,581.88 Water to 16 May 2026 (due date)$1,528.30 Interest on general levies and water to 14 July 2026 $1,572.31 Costs: Morgan Coakle$1,783.03 Costs: Crockers$667.00 Filing Fee$500.00 Appearance fees: Morgan Coakle (30 minutes) $112.13 Appearance fees: Crockers (30 minutes)$100.63 Total award$17,845.28 Total payable by Respondent to Applicant $17,845.28

Reasons

Both parties attended the hearing. The body corporate had counsel attending and a representative of the body corporate secretary.
The body corporate has applied for recovery of unpaid levies, water, 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 (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 levies include amounts due on 30 April 2024, 14 October 2024, 30 April 2025, 30 October 2025 and 30 April 2026. The body corporate has provided records to prove the amount claimed.
There are also unpaid charges for water rates since May 2024, and the body corporate provided records to prove the total amount claimed.
The unit owner did not dispute that she had not paid body corporate levies or water rates, however she advised that she had not paid levies due to issues with the roof at the premises. She also had issues with accessing the water rates invoices or amounts.
However, no application has been filed against the body corporate, and no evidence has been provided in support of any claim(s). In any event, body corporate levies are a statutory debt and must be paid when due, regardless of any disputes about the body corporate’s actions.

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 UTA.
The body corporate has resolved to charge interest at 10% per annum on unpaid levies and outgoings. The Body Corporate has proved the amount of interest owing from the due date and this has been updated through to the hearing 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 have included costs for appearance at the hearing as sought, based on hourly rates of $195.00 plus GST for Morgan Coakle and $165.00 plus GST for Crockers and a 30-minute hearing.
I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim, I have also reimbursed the filing fee. Section 176(1) UTA and section 102(4) Residential Tenancies Act 1986. R Harvey-Lane 16 July 2026

Tenancy Tribunal case 9081224 — Tenancy dispute in Onehunga, Auckland

At a glance

Tenancy Tribunal case 9081224 — Tenancy dispute in Onehunga, 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

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