What was the outcome of Tenancy Tribunal case 5281580?

The tribunal order states: The tenancy of Ana Vaikingi Taumoepeauo PAONGO at Unit/Flat Unit 5, 19

How much money was awarded in case 5281580?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5281580?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5281580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12167442-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5281580?

The tribunal order states: The tenancy of Ana Vaikingi Taumoepeauo PAONGO at Unit/Flat Unit 5, 19

How much money was awarded in case 5281580?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5281580?

The primary dispute was Harassment.

Where can I read the official tribunal order for case 5281580?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12167442-Tenancy_Tribunal_Order.pdf.

Unit/Flat Unit 5, 19 Netherlands Avenue, Kelston, Auckland Tenancy Tribunal Case 5281580 — Harassment

Order

The tenancy of Ana Vaikingi Taumoepeauo PAONGO at Unit/Flat Unit 5, 19 Netherlands Avenue, Kelston, Auckland 0602 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 5:00pm on Friday 8 August 2025.

Reasons

Both parties attended the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
The landlord states that the anti-social behaviour is causing extreme distress to the other neighbours in the seven unit complex and has been particularly distressing for those either side of the tenant. Two of the neighbours have provided witness statements that describe the tenant and her partner having fights late at night that are aggressive and loud, children screaming late at night, and aggressive conduct towards a neighbour that has made her scared to use her assigned carpark or for her children to go outside. They have also produced video evidence of the arguments that resulted in three section 55A notices being issued to the tenant in a 90-day period. The first was on 16 April 2025, second on 7 May 2025 and third on 23 May 2025. Other section 55A notices were issued to the tenant on 20 March 2025 and on 27 July 2024.
The tenant confirmed she suffers from mental health issues and has had a toxic relationship with her partner and no routines for her four children and that has what has led to these complaints. She has confirmed that she is getting considerable amounts of support from multi-agencies and that is making a difference. She described a dysfunctional relationship with one of her neighbours, whom she states has provoked her and led to some of the arguments that neighbour then complained about. She states her relationship with her partner has improved and they are both getting parenting programme support. She also stated that her children’s behavioural conduct has largely been because of the number of times they have had to move and that they have had to live in motels and other transitional housing that is not conducive to having happy and healthy and well-adjusted children. The tenant fears that having to move out of this home will have a negative impact on her children, as she has nowhere to go. She asked if the landlord could give her supervised tenancy for a period to allow her to prove she can conduct herself in a manner that would allow her to continue to live in the complex without exhibit any anti- social behaviour. The landlord has confirmed that they do not provide any wrap around services and cannot offer this type of support.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
I have considered the evidence presented by the parties as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose, and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The tenancy is terminated from 5:00pm on Friday 8 August 2025. The tenant must have vacated by this date and returned the key to the landlord.

Order

The tenancy of Ana Vaikingi Taumoepeauo PAONGO at Unit/Flat Unit 5, 19 Netherlands Avenue, Kelston, Auckland 0602 is terminated, and possession is granted to Kāinga Ora–Homes And Communities, at 5:00pm on Friday 8 August 2025.

Reasons

Both parties attended the hearing.
The landlord has applied to the Tribunal for an order terminating the periodic tenancy on the grounds of anti-social behaviour from the tenant or someone on the premises with the tenant’s permission.
The landlord states that the anti-social behaviour is causing extreme distress to the other neighbours in the seven unit complex and has been particularly distressing for those either side of the tenant. Two of the neighbours have provided witness statements that describe the tenant and her partner having fights late at night that are aggressive and loud, children screaming late at night, and aggressive conduct towards a neighbour that has made her scared to use her assigned carpark or for her children to go outside. They have also produced video evidence of the arguments that resulted in three section 55A notices being issued to the tenant in a 90-day period. The first was on 16 April 2025, second on 7 May 2025 and third on 23 May 2025. Other section 55A notices were issued to the tenant on 20 March 2025 and on 27 July 2024.
The tenant confirmed she suffers from mental health issues and has had a toxic relationship with her partner and no routines for her four children and that has what has led to these complaints. She has confirmed that she is getting considerable amounts of support from multi-agencies and that is making a difference. She described a dysfunctional relationship with one of her neighbours, whom she states has provoked her and led to some of the arguments that neighbour then complained about. She states her relationship with her partner has improved and they are both getting parenting programme support. She also stated that her children’s behavioural conduct has largely been because of the number of times they have had to move and that they have had to live in motels and other transitional housing that is not conducive to having happy and healthy and well-adjusted children. The tenant fears that having to move out of this home will have a negative impact on her children, as she has nowhere to go. She asked if the landlord could give her supervised tenancy for a period to allow her to prove she can conduct herself in a manner that would allow her to continue to live in the complex without exhibit any anti- social behaviour. The landlord has confirmed that they do not provide any wrap around services and cannot offer this type of support.
Subject to certain considerations, the Tribunal must make an order terminating the tenancy if it is satisfied: a. on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission, engaged in anti-social behaviour in connection with the tenancy; and b. on each occasion the landlord gave the tenant written notice— i. describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and ii. advising the tenant of the date, approximate time, and location of the behaviour; and iii. stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and iv. advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice and; c. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
The Act confirms that antisocial behaviour includes harassment or any act (whether intentional or not) that reasonably causes alarm, distress or nuisance that is more than minor.
I have considered the evidence presented by the parties as set out above.
I have determined that the landlord has established that anti-social behaviour has occurred on the premises by the tenant or a person on the tenancy with the tenant’s permission. The landlord has served notices on the tenant as required in the Residential Tenancies Act 1986, and the application to the Tribunal was made within 28 days of the date of the third notice.
I consider it would not be unfair to terminate the tenancy taking into account the circumstances in which the behaviour arose, and the notices were given. I cannot see that the landlord has acted in any retaliatory way in bringing this application.
I cannot consider the impact on the tenant, in making an order for termination of the tenancy.
The tenancy is terminated from 5:00pm on Friday 8 August 2025. The tenant must have vacated by this date and returned the key to the landlord.

Tenancy Tribunal case 5281580 — Harassment at Unit/Flat Unit 5, 19 Netherlands Avenue, Kelston, Auckland

At a glance

Tenancy Tribunal case 5281580 — Harassment at Unit/Flat Unit 5, 19 Netherlands Avenue, Kelston, Auckland

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions