What was the outcome of Tenancy Tribunal case 4562332?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4562332?

Property Damage: $150.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4562332?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4562332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9195989-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4562332?

The tribunal order states: No application for suppression has been made in this case and no suppression

How much money was awarded in case 4562332?

Property Damage: $150.00 awarded to tenant; Filing Fee: $20.44 awarded to tenant

What type of tenancy dispute was case 4562332?

The primary dispute was Exemplary damages.

Where can I read the official tribunal order for case 4562332?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9195989-Tenancy_Tribunal_Order.pdf.

12 Moana Road, Tinopai 0593 Tenancy Tribunal Case 4562332 — Exemplary damages

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12 Moana Road, Tinopai 0593 Tenancy Tribunal Case 4562332 — Exemplary damages | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4562332 — net $1,730.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund bond	$1,560.00	Refund bond
Exemplary damages: Failure to lodge bond	$150.00	Failure to lodge bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,730.44
Total payable by Landlord to Tenant	$1,730.44

Claims and awards for application 4562332 — net $1,730.44 NZD. Verify on MoJ.

Refund bond

Amount: $1,560.00
Awarded to: Tenant
Reason: Refund bond

Exemplary damages: Failure to lodge bond

Amount: $150.00
Awarded to: Tenant
Reason: Failure to lodge bond

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $1,730.44

Total payable by Landlord to Tenant

Tenant $1,730.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Kaipara North Property Management Ltd must pay Zoe Jacqueline Zwetsloot James $1,730.44 immediately, calculated as shown in table below.

Reasons

The tenant’s application seeks refund of the bond and exemplary damages for failure to lodge the bond.
The application also mentions issues about the landlord failing to carry out repairs during the tenancy, but no details were provided in the written application.
The hearing was scheduled to take place in Whangarei today. Ms James has re-located, and she requested permission to attend the hearing by phone. That request was granted.
Ms Parker, representing Kaipara North Property Management, attended the hearing in person in Whangarei.
Ms James could not be contacted on either of the mobile phone numbers provided in her application.
Ms Parker acknowledged that the bond was not lodged with the Bond Centre.
Ms Parker submitted that: a. She received Ms James’ bond into the trust account at the beginning of the tenancy. b. She made a payment, intending to pay the bond to Bond Centre. c. She made an error with the ‘pay to’ account, and inadvertently paid the money to another party. d. She was not aware of this error until after the end of Ms James’ tenancy. e. She has not been able to recover the money from the party whom she inadvertently paid.
The tenancy has ended, and the landlord is not seeking any costs. Ms James is entitled to payment of her bond in full.
It is an unlawful act for a landlord to not pay the bond to the Bond Centre within 23 working days of receipt 1 . Exemplary damages of up to $1,500.00 can apply.
In considering an award of exemplary damages, the Tribunal must have regard to 2 : a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act has been committed; and d. The public interest.
I accept Ms Parker’s explanation, set out in paragraph 7 above.
I am satisfied that Ms Parker attempted to lodge the bond, and genuinely believed that she had. 1 Section 19(2), Residential Tenancies Act 1986 (RTA) 2 Section 109 RTA
The error has been costly for Ms Parker. As noted above, she was not able to retrieve the bond money. Kaipara North Property Management must pay Ms James’ bond from its own funds.
Having regard to those factors, I will award exemplary damages of $150.00.
Ms James has been successful in this application and I will also award her the filing fee of $20.44.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 4562332 — net $1,730.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Tenant	Reason
Refund bond	$1,560.00	Refund bond
Exemplary damages: Failure to lodge bond	$150.00	Failure to lodge bond
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$1,730.44
Total payable by Landlord to Tenant	$1,730.44

Claims and awards for application 4562332 — net $1,730.44 NZD. Verify on MoJ.

Refund bond

Amount: $1,560.00
Awarded to: Tenant
Reason: Refund bond

Exemplary damages: Failure to lodge bond

Amount: $150.00
Awarded to: Tenant
Reason: Failure to lodge bond

Filing fee reimbursement

Amount: $20.44
Awarded to: Tenant
Reason: Filing fee reimbursement

Net award

Tenant $1,730.44

Total payable by Landlord to Tenant

Tenant $1,730.44

Claim types — money lines allowed on this order

Exemplary damages Filing Fee

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Kaipara North Property Management Ltd must pay Zoe Jacqueline Zwetsloot James $1,730.44 immediately, calculated as shown in table below.

Reasons

The tenant’s application seeks refund of the bond and exemplary damages for failure to lodge the bond.
The application also mentions issues about the landlord failing to carry out repairs during the tenancy, but no details were provided in the written application.
The hearing was scheduled to take place in Whangarei today. Ms James has re-located, and she requested permission to attend the hearing by phone. That request was granted.
Ms Parker, representing Kaipara North Property Management, attended the hearing in person in Whangarei.
Ms James could not be contacted on either of the mobile phone numbers provided in her application.
Ms Parker acknowledged that the bond was not lodged with the Bond Centre.
Ms Parker submitted that: a. She received Ms James’ bond into the trust account at the beginning of the tenancy. b. She made a payment, intending to pay the bond to Bond Centre. c. She made an error with the ‘pay to’ account, and inadvertently paid the money to another party. d. She was not aware of this error until after the end of Ms James’ tenancy. e. She has not been able to recover the money from the party whom she inadvertently paid.
The tenancy has ended, and the landlord is not seeking any costs. Ms James is entitled to payment of her bond in full.
It is an unlawful act for a landlord to not pay the bond to the Bond Centre within 23 working days of receipt 1 . Exemplary damages of up to $1,500.00 can apply.
In considering an award of exemplary damages, the Tribunal must have regard to 2 : a. The intention of the person who committed the unlawful act; and b. The effect of the unlawful act; and c. The interests of the person against whom the act has been committed; and d. The public interest.
I accept Ms Parker’s explanation, set out in paragraph 7 above.
I am satisfied that Ms Parker attempted to lodge the bond, and genuinely believed that she had. 1 Section 19(2), Residential Tenancies Act 1986 (RTA) 2 Section 109 RTA
The error has been costly for Ms Parker. As noted above, she was not able to retrieve the bond money. Kaipara North Property Management must pay Ms James’ bond from its own funds.
Having regard to those factors, I will award exemplary damages of $150.00.
Ms James has been successful in this application and I will also award her the filing fee of $20.44.

Tenancy Tribunal case 4562332 — Exemplary damages at 12 Moana Road, Tinopai 0593

At a glance

Tenancy Tribunal case 4562332 — Exemplary damages at 12 Moana Road, Tinopai 0593

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions