What was the outcome of Tenancy Tribunal case 4651809?

The tribunal order states: Eru Kaukau and April Reti must pay Mid North Real Estate Limited (as agent for

How much money was awarded in case 4651809?

Filing Fee: $20.44 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rubbish Removal: $315.60 awarded to landlord; Smoke Alarms: $42.66 awarded to landlord; Water Rates: $73.53 awarded to landlord

What type of tenancy dispute was case 4651809?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4651809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9570879-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4651809?

The tribunal order states: Eru Kaukau and April Reti must pay Mid North Real Estate Limited (as agent for

How much money was awarded in case 4651809?

Filing Fee: $20.44 awarded to landlord; Property Damage: $150.00 awarded to landlord; Rubbish Removal: $315.60 awarded to landlord; Smoke Alarms: $42.66 awarded to landlord; Water Rates: $73.53 awarded to landlord

What type of tenancy dispute was case 4651809?

The primary dispute was Property damage. Related themes: Smoke alarms.

Where can I read the official tribunal order for case 4651809?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9570879-Tenancy_Tribunal_Order.pdf.

165C Broadway, Kaikohe 0405 Tenancy Tribunal Case 4651809 — Property damage

Reasons

Claims and awards in Tenancy Tribunal application 4651809 — net $602.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$73.53	Water rates
Rubbish removal	$315.60	Rubbish removal
Window repairs	$150.00	Window repairs
Replace smoke alarms	$42.66	Replace smoke alarms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$602.23
Total payable by Tenant to Landlord	$602.23

On 1 June 2023 I made an order for termination of the tenancy, water rates, methamphetamine testing costs, and exemplary damages for unlawful activity 1 . 1 Mid North Real Estate Ltd v Kaukau & Reti [2023] NZTT 4534954

This application seeks final water costs, rubbish removal, window repairs, replacement of smoke alarms, compensation for “painted toilet cistern”, and methamphetamine de-contamination.

Both parties attended the hearing. Ms Sarah van Engelen and Ms Casey van Engelen represented the landlord.

Mr Kauakau and Ms Reti accepted the claims for water use, rubbish removal, re-glazing broken window, and replacement of smoke alarms.

The landlord withdrew the claim for the painted toilet cistern.

The claim seeks $2,500.00 for de-contamination costs, being the amount of the owners’ insurance excess.

The landlord provided a copy of the detailed (“room by room”) methamphetamine testing results. The results were positive on all of the samples, at levels ranging from 0.07 micrograms to 10 micrograms per 100cm2.

Methamphetamine contamination, at levels where de-contamination is required, constitutes damage to the property.

The Residential Tenancies Act does not yet specify a level of methamphetamine contamination that triggers the need for de-contamination work.

In recent years, there have been several levels recommended by different agencies and organisations including the Ministry of Health and Standards New Zealand.

In May 2018 Professor Sir Peter Gluckman, the Prime Minister’s Chief Science Advisor, released a report. The report stated that there was no persuasive evidence that methamphetamine contamination at levels below 15 micrograms per 100cm2 (due to methamphetamine use) can have any impact on human health.

The report concluded that de-contamination is not necessary if contamination does not exceed 15 micrograms per 100cm2, if the contamination is a consequence of methamphetamine use. The report recommended that if there was evidence of methamphetamine manufacture, de-contamination should be carried out of any areas of contamination above 1.5 micrograms per 100cm2. The lower threshold for manufacture is because of the risk of the presence of precursor chemicals associated with methamphetamine manufacture.

The threshold of 15 micrograms per 100cm2 for de-contamination was applied in two leading decisions from the Tenancy Tribunal in September 2018 (Crichton v Bay City Rentals Tauranga [2018] NZTT Tauranga 4153013) and October 2018 (Fast Rental Ltd v Grimes & Nicholls [2018] NZTT North Shore 4140391).

In 2019, the District Court upheld the Tenancy Tribunal’s use of the Gluckman Report recommendations in Full Circle Real Estate Ltd v Piper [2019] NZDC 4947. Judge Kellar held: The best state of knowledge of risk to human health from methamphetamine contamination available to the adjudicator was the Gluckman Report. It would have been bold for the adjudicator to have ignored that report in favour of the New Zealand Standard given that the Gluckman report represents the current scientific knowledge on the risk to human health from methamphetamine contamination in dwellings.

The 15 micrograms threshold has been applied in many hundreds of Tenancy Tribunal decisions since September 2018.

In this instance, there is no evidence to indicate methamphetamine manufacture at the premises. The trigger for de-contamination is contamination at levels above 15 micrograms per 100cm2.

It is not proven that there was contamination at that level in this instance.

The tenants are not liable for any of the de-contamination costs.

The landlord has been largely successful in the application, and I will also award the landlord the filing fee of $20.44.

Claims and awards in Tenancy Tribunal application 4651809 — net $602.23 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Water rates	$73.53	Water rates
Rubbish removal	$315.60	Rubbish removal
Window repairs	$150.00	Window repairs
Replace smoke alarms	$42.66	Replace smoke alarms
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$602.23
Total payable by Tenant to Landlord	$602.23

Order

Eru Kaukau and April Reti must pay Mid North Real Estate Limited (as agent for G & H Beath Family Trust) $602.23 immediately, calculated as shown in table below.

Reasons

On 1 June 2023 I made an order for termination of the tenancy, water rates, methamphetamine testing costs, and exemplary damages for unlawful activity 1 . 1 Mid North Real Estate Ltd v Kaukau & Reti [2023] NZTT 4534954
This application seeks final water costs, rubbish removal, window repairs, replacement of smoke alarms, compensation for “painted toilet cistern”, and methamphetamine de-contamination.
Both parties attended the hearing. Ms Sarah van Engelen and Ms Casey van Engelen represented the landlord.
Mr Kauakau and Ms Reti accepted the claims for water use, rubbish removal, re-glazing broken window, and replacement of smoke alarms.
The landlord withdrew the claim for the painted toilet cistern.
The claim seeks $2,500.00 for de-contamination costs, being the amount of the owners’ insurance excess.
The landlord provided a copy of the detailed (“room by room”) methamphetamine testing results. The results were positive on all of the samples, at levels ranging from 0.07 micrograms to 10 micrograms per 100cm2.
Methamphetamine contamination, at levels where de-contamination is required, constitutes damage to the property.
The Residential Tenancies Act does not yet specify a level of methamphetamine contamination that triggers the need for de-contamination work.
In recent years, there have been several levels recommended by different agencies and organisations including the Ministry of Health and Standards New Zealand.
In May 2018 Professor Sir Peter Gluckman, the Prime Minister’s Chief Science Advisor, released a report. The report stated that there was no persuasive evidence that methamphetamine contamination at levels below 15 micrograms per 100cm2 (due to methamphetamine use) can have any impact on human health.
The report concluded that de-contamination is not necessary if contamination does not exceed 15 micrograms per 100cm2, if the contamination is a consequence of methamphetamine use. The report recommended that if there was evidence of methamphetamine manufacture, de-contamination should be carried out of any areas of contamination above 1.5 micrograms per 100cm2. The lower threshold for manufacture is because of the risk of the presence of precursor chemicals associated with methamphetamine manufacture.
The threshold of 15 micrograms per 100cm2 for de-contamination was applied in two leading decisions from the Tenancy Tribunal in September 2018 (Crichton v Bay City Rentals Tauranga [2018] NZTT Tauranga 4153013) and October 2018 (Fast Rental Ltd v Grimes & Nicholls [2018] NZTT North Shore 4140391).
In 2019, the District Court upheld the Tenancy Tribunal’s use of the Gluckman Report recommendations in Full Circle Real Estate Ltd v Piper [2019] NZDC 4947. Judge Kellar held: The best state of knowledge of risk to human health from methamphetamine contamination available to the adjudicator was the Gluckman Report. It would have been bold for the adjudicator to have ignored that report in favour of the New Zealand Standard given that the Gluckman report represents the current scientific knowledge on the risk to human health from methamphetamine contamination in dwellings.
The 15 micrograms threshold has been applied in many hundreds of Tenancy Tribunal decisions since September 2018.
In this instance, there is no evidence to indicate methamphetamine manufacture at the premises. The trigger for de-contamination is contamination at levels above 15 micrograms per 100cm2.
It is not proven that there was contamination at that level in this instance.
The tenants are not liable for any of the de-contamination costs.
The landlord has been largely successful in the application, and I will also award the landlord the filing fee of $20.44.

Tenancy Tribunal case 4651809 — Property damage at 165C Broadway, Kaikohe 0405

At a glance

Tenancy Tribunal case 4651809 — Property damage at 165C Broadway, Kaikohe 0405

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Key findings

Property management

Frequently asked questions