Published tribunal order
Tenancy Tribunal case 5240158 — Rent arrears at 16 Haki Wihongi Place, Glen Eden, Auckland 0602
Decided 10 Jun 2025 · Published 10 Jun 2025 · Application 5240158
Mixed / unclear
- Rent arrears
- 14-day notice
Order
- Sonyia Anania owes Kāinga Ora–Homes And Communities $2,249.00 (“the debt”).
- Sonyia Anania must pay rent and the debt as follows: a. By 112 weekly payments of $179.00, being $159.00 for rent (being the current rent at the date of this order) and $20.00 for the debt. b. A final payment of $168.00, being $159.00 for rent (being the current rent at the date of this order) and $9.00 for the debt. c. Payments will be every Wednesday, with the first payment on 11/06/2025 and continuing until 04/08/2027.
- Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
- If the tenant fails to pay rent and rent arrears within 5 working days of the due dates: a. The tenancy at 16 Haki Wihongi Place, Glen Eden, Auckland 0602 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Reasons
- The landlord attended the phone hearing. A call to the tenant’s mobile number went unanswered.
- The landlord has applied for rent arrears and a conditional order for termination.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- Although the tenant was not present at the hearing, the arrangement for payment of the rent arrears at $20 per week has been in place since August 2024, and has largely been adhered to by the tenant. The landlord’s rent summary shows the tenant has failed to pay rent and the $20 arrears repayment on three occasions between 18 December 2024 and 2 April 2025, but has otherwise paid rent and the $20 arrears repayment every week in that period.
- Given the tenant has largely complied with the mediated order for payment of rent arrears dated 22 August 2024, I am satisfied the tenant has the ability to pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
- The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Should the tenant’s name be suppressed?
- The landlord has sought an order for suppression of the tenant’s name. The grounds advanced are to safeguard the tenant’s ability to obtain another rental property and that the privacy of the tenant outweighs the public interest.
- Section 95A of the RTA states the Tribunal must, on the application of any party that has wholly or substantially succeeded make an order that the name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the parties’ conduct or any other circumstances of the case.
- Section 95A(4) of the RTA states the Tribunal may, on the application of any party to proceedings, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name of any party not be published.
- The tenant has not made an application for suppression of their name but s95A(4) permits another party to the proceeding to make an application.
- The landlord has provided no evidence in support of the submission that suppression is necessary to safeguard the tenant’s ability to obtain another rental nor has the landlord developed the submission that the tenant’s privacy outweighs the public interest.
- The landlord’s application for suppression of the tenant’s name and identifying details is declined for the following reasons: a. Open justice is a fundamental principle in our legal system; and b. The disputes before me are not unusual or other than the ordinary business of the Tribunal; and c. The open justice principle requires the outcome of adjudication to be available to the public, unless evidence is presented that outweighs the public interest.