What was the outcome of Tenancy Tribunal case 4643732?

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

How much money was awarded in case 4643732?

Rent Arrears: $1,726.72 awarded to landlord

What type of tenancy dispute was case 4643732?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4643732?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9294411-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4643732?

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

How much money was awarded in case 4643732?

Rent Arrears: $1,726.72 awarded to landlord

What type of tenancy dispute was case 4643732?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4643732?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9294411-Tenancy_Tribunal_Order.pdf.

38 Palatine Terrace, Huntsbury, Christchurch 8022 Tenancy Tribunal Case 4643732 — Rent arrears

Claims and awards in Tenancy Tribunal application 4643732 — net $1,726.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 August 2023	$1,726.72	Rent arrears to 15 August 2023
Net award	$1,726.72
Total payable by Tenant to Landlord	$1,726.72

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Matariki Jones Ellery at 38 Palatine Terrace, Huntsbury, Christchurch 8022 is terminated, and possession is granted to Kāinga Ora– Homes and Communities, immediately.
Matariki Jones Ellery must pay Kāinga Ora–Homes and Communities $1,726.72 immediately, as set out below:

Reasons

This hearing was scheduled for a remote telephone hearing today.
Before the hearing, the tenant requested an adjournment as he was attending a retreat. I declined the adjournment and said that he should attend by phone.
The Tribunal phoned the tenant twice at the time scheduled for the hearing. The calls went to voice mail.
The landlord has applied to terminate the tenancy for 2 reasons: rent arrears in excess of 21 days, and threats of assault made by the tenant towards his housing support manager. Rent arrears
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount of rent owing as at today’s date.
The weekly rent is $79.00. The rent is in arrears by a considerable amount.
The rent arrears issue alone means that the tenancy must be terminated. Because the landlord raised a further ground for termination – a threat or threats of assault – I will address that too. Threats of assault
The landlord’s representative provided evidence of threats of assault made by the tenant towards his housing manager.
There was a series of emails from the tenant to his housing manager; the first is dated 15 November 2022. It says: Toye blocked from sending me emails or communicating your a danger to this household and Tennant do not contact me or aproch me you are tressoassed from coming anywhere near me any atempt by you or your collgues willxbe dealt to with Lethal Force..... Your a danger to this household and me stay the fuck away any atempt by you to come anywhere near me you will be met with Lethal Force please find enclosed my diplomatic card cheers Mutt
Then, throughout July 2023 there were other emails. I will quote from just one, on 16 July: I have requested the bloody fire wall report for this house (name suppressed by Tribunal) why the fuck havent you provided it That paper work u sent jn was not the fire wall report ccc buildjng consent have seen the paper work and have investigated and found that it is not the fire wall report im fucking telling you to provide the fuckj g fire wall report or find yourself being taken to coourt and i will push your you to be sacked i have made it kkiwn that you and (name suppressed by Tribunal) are j breach of codenof conduct for misleadjng infomation fuckj g arojnd wirh privacy requests hince no rent will be fuckj g paid until u proove and provide the fire wall and k fuckn g have toyr address too thanks to the bew zaaland mongreb take that to ur fuckj g manager i will poat your address and all ur fuckj g infomation k facebook and on ljne for those hunting you down We kmow how many live in ur household .. karmas a bitch (name suppressed by tribunal) Karmas a bitch and last week we have (name suppressed by Tribunal) address your fuckjng supervisor tell hjm. Thanks too the new zealand lknhrel mjb you fucked with the wrong Household Now like i 2 fuckjng sah we kj9w jowany people live jn ur house and we kkow what cars you druve and hoeany fuckjng cars are registered to ur flat enjoy bitch karmas a bitch and your getting served Hope all is well and your having a wondwrful Matariki holiday and ive fuckjngnposted ypur addressdcar rego and all those in ur fucking Flat i dare you too fuckj g try it with me dont forget i have a full diplkmatic passport and credentials i fuckj g dare you to challenge me.
In Collins v Housing New Zealand Ltd [2004] NZAR 665 the High Court analysed the law relating to the termination of a tenancy for an assault or threat of assault. At para [29] the Court said: To “threaten to assault” means just what it says: it is an expression of intent to do harm to another person by use of force. The fact of the threat can be enough. Even under the criminal law, there is no need to intend to act on the threat, or to have the capacity to act on it; or that it be to, or be passed on to, the person to whom the threat relates: Police v Lloyd [1973] 2 NZLR 486 (CA); R v Meek [1981] l NZLR 499 (CA).
I find that the emails the tenant sent to his housing support manager were threats of assault, threats to do harm.
The Tribunal has a limited discretion not to make an order in cases such as this. The exercise of that discretion was also discussed by the Court in Collins, referred to above.
I find it probable that the tenant has further threatened to assault his housing manager more recently, on 4 August 2023, under a different name on Facebook. The landlord produced evidence that links the tenant to the threat.
Given the history I find that the tenant is likely to continue to make threats against his housing support manager. This is not a case where the Tribunal considers it can exercise a discretion by declining to grant the order sought.
So, in addition to proving its application for termination for rent arrears, the landlord has also proved its application for termination of the tenancy for threats of assault made by the tenant toward his housing support manager.
The landlord did not seek suppression of its name. The tenant is not entitled to a name suppression order as the landlord’s application is successful. The Tribunal has removed any reference to the landlord’s staff members from the tenant’s emails for their protection.
Finally, for the tenant’s benefit, I note this. While the order has been made with immediate effect, there is a 2-working day period before it can be enforced. Enforcement action is not immediate. The parties should try and negotiate a date for the tenant to leave the tenancy by mutual agreement.

Claims and awards in Tenancy Tribunal application 4643732 — net $1,726.72 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 15 August 2023	$1,726.72	Rent arrears to 15 August 2023
Net award	$1,726.72
Total payable by Tenant to Landlord	$1,726.72

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
The tenancy of Matariki Jones Ellery at 38 Palatine Terrace, Huntsbury, Christchurch 8022 is terminated, and possession is granted to Kāinga Ora– Homes and Communities, immediately.
Matariki Jones Ellery must pay Kāinga Ora–Homes and Communities $1,726.72 immediately, as set out below:

Reasons

This hearing was scheduled for a remote telephone hearing today.
Before the hearing, the tenant requested an adjournment as he was attending a retreat. I declined the adjournment and said that he should attend by phone.
The Tribunal phoned the tenant twice at the time scheduled for the hearing. The calls went to voice mail.
The landlord has applied to terminate the tenancy for 2 reasons: rent arrears in excess of 21 days, and threats of assault made by the tenant towards his housing support manager. Rent arrears
Rent was at least 21 days in arrears on the date the application was filed. The tenancy is terminated. See section 55(1)(a) Residential Tenancies Act 1986.
The landlord provided rent records which prove the amount of rent owing as at today’s date.
The weekly rent is $79.00. The rent is in arrears by a considerable amount.
The rent arrears issue alone means that the tenancy must be terminated. Because the landlord raised a further ground for termination – a threat or threats of assault – I will address that too. Threats of assault
The landlord’s representative provided evidence of threats of assault made by the tenant towards his housing manager.
There was a series of emails from the tenant to his housing manager; the first is dated 15 November 2022. It says: Toye blocked from sending me emails or communicating your a danger to this household and Tennant do not contact me or aproch me you are tressoassed from coming anywhere near me any atempt by you or your collgues willxbe dealt to with Lethal Force..... Your a danger to this household and me stay the fuck away any atempt by you to come anywhere near me you will be met with Lethal Force please find enclosed my diplomatic card cheers Mutt
Then, throughout July 2023 there were other emails. I will quote from just one, on 16 July: I have requested the bloody fire wall report for this house (name suppressed by Tribunal) why the fuck havent you provided it That paper work u sent jn was not the fire wall report ccc buildjng consent have seen the paper work and have investigated and found that it is not the fire wall report im fucking telling you to provide the fuckj g fire wall report or find yourself being taken to coourt and i will push your you to be sacked i have made it kkiwn that you and (name suppressed by Tribunal) are j breach of codenof conduct for misleadjng infomation fuckj g arojnd wirh privacy requests hince no rent will be fuckj g paid until u proove and provide the fire wall and k fuckn g have toyr address too thanks to the bew zaaland mongreb take that to ur fuckj g manager i will poat your address and all ur fuckj g infomation k facebook and on ljne for those hunting you down We kmow how many live in ur household .. karmas a bitch (name suppressed by tribunal) Karmas a bitch and last week we have (name suppressed by Tribunal) address your fuckjng supervisor tell hjm. Thanks too the new zealand lknhrel mjb you fucked with the wrong Household Now like i 2 fuckjng sah we kj9w jowany people live jn ur house and we kkow what cars you druve and hoeany fuckjng cars are registered to ur flat enjoy bitch karmas a bitch and your getting served Hope all is well and your having a wondwrful Matariki holiday and ive fuckjngnposted ypur addressdcar rego and all those in ur fucking Flat i dare you too fuckj g try it with me dont forget i have a full diplkmatic passport and credentials i fuckj g dare you to challenge me.
In Collins v Housing New Zealand Ltd [2004] NZAR 665 the High Court analysed the law relating to the termination of a tenancy for an assault or threat of assault. At para [29] the Court said: To “threaten to assault” means just what it says: it is an expression of intent to do harm to another person by use of force. The fact of the threat can be enough. Even under the criminal law, there is no need to intend to act on the threat, or to have the capacity to act on it; or that it be to, or be passed on to, the person to whom the threat relates: Police v Lloyd [1973] 2 NZLR 486 (CA); R v Meek [1981] l NZLR 499 (CA).
I find that the emails the tenant sent to his housing support manager were threats of assault, threats to do harm.
The Tribunal has a limited discretion not to make an order in cases such as this. The exercise of that discretion was also discussed by the Court in Collins, referred to above.
I find it probable that the tenant has further threatened to assault his housing manager more recently, on 4 August 2023, under a different name on Facebook. The landlord produced evidence that links the tenant to the threat.
Given the history I find that the tenant is likely to continue to make threats against his housing support manager. This is not a case where the Tribunal considers it can exercise a discretion by declining to grant the order sought.
So, in addition to proving its application for termination for rent arrears, the landlord has also proved its application for termination of the tenancy for threats of assault made by the tenant toward his housing support manager.
The landlord did not seek suppression of its name. The tenant is not entitled to a name suppression order as the landlord’s application is successful. The Tribunal has removed any reference to the landlord’s staff members from the tenant’s emails for their protection.
Finally, for the tenant’s benefit, I note this. While the order has been made with immediate effect, there is a 2-working day period before it can be enforced. Enforcement action is not immediate. The parties should try and negotiate a date for the tenant to leave the tenancy by mutual agreement.

Tenancy Tribunal case 4643732 — Rent arrears at 38 Palatine Terrace, Huntsbury, Christchurch 8022

At a glance

Tenancy Tribunal case 4643732 — Rent arrears at 38 Palatine Terrace, Huntsbury, Christchurch 8022

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions