What was the outcome of Tenancy Tribunal case 5408168?

The tribunal order states: This order incorporates the Tribunal order made on 17 November 2025 under

How much money was awarded in case 5408168?

Filing Fee: $28.00 awarded to landlord; Previous Order Application 5361282 D…: $1,930.63 awarded to landlord; Rent Arrears: $861.43 awarded to landlord

What type of tenancy dispute was case 5408168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5408168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13306942-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5408168?

The tribunal order states: This order incorporates the Tribunal order made on 17 November 2025 under

How much money was awarded in case 5408168?

Filing Fee: $28.00 awarded to landlord; Previous Order Application 5361282 D…: $1,930.63 awarded to landlord; Rent Arrears: $861.43 awarded to landlord

What type of tenancy dispute was case 5408168?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5408168?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13306942-Tenancy_Tribunal_Order.pdf.

293 Ormond Road, Mangapapa, Gisborne 4010 Tenancy Tribunal Case 5408168 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5408168 — net $2,820.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 1 December 2025	$861.43	Rent arrears (to 1 December 2025
Previous order application 5361282 dated 17/11/2025	$1,930.63	Previous order application 5361282 dated 17/11/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,820.06
Total payable by Tenant to Landlord	$2,820.06

On 8 December 2025 the landlord filed an application seeing rent arrears and reimbursement of the filing fee following the end of the tenancy.

The hearing proceeded by way of video conference. Ms Te Rongopatai, Property Manager, appeared for the landlord. Mr Harnett appeared for both tenants. Relevant legal considerations

The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).

With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.

That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.

This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.

As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy

The tenancy commenced on 18 December 2024.

On 17 November 2025 the Tribunal made the following orders 1 : a. The tenancy was terminated and possession granted to the landlord at 6pm on 1 December 2025. b. The Bond Centre to pay the bond of $2,600.00 to the landlord immediately. c. The tenants to pay the landlord $1,930.63 immediately calculated as: Rent arrears to 17/11/2025 $4,502.63 Filing fee reimbursement$ 28.00 1 Bronwyn Kay Agency Limited As Agent For Peter Clark v Sheree Cockbain, Shane Harnett [2025] NZTT 5361282 Total award$4,530.63 Less refund of bond$2,600.00 Total payable by tenant to landlord $1,930.63

On 28 November 2025 the Bond Centre refunded the bond in full to the landlord.

At the end of the tenancy the tenant’s rent arrears totalled $2,924.06.

On 17 March 2026 the tenant paid $160.00 towards their rent arrears. How much is owed in rent arrears

The landlord has applied for rent arrears and has provided up to date rent records that prove the amount owing to the date of hearing totals $2,764.06.

The Tribunal has previously made an order for rent arrears to 17 November 2025 totalling $4,530.63. The Tribunal ordered the bond be refunded to the landlord to offset the rent debt. This reduced the rent debt to $1,930.63. The landlord seeks an order for rent arrears at the date of hearing totalling $2,764.06, however $1,902.63 has already been awarded under order 5361282. The difference between the amount previously ordered and the amount claimed is $861.43 and that is what is ordered. Other matters

On 17 November 2025, the Tribunal made an order relating to this tenancy for rent arrears to 17 November 2025. The previous order is incorporated into this order for enforcement purposes.

Because The Agency Real Estate 2026 Limited T/A Bronwyn Kay Agency T has wholly succeeded with the claim I must reimburse the filing fee.

Despite being wholly successful the landlord did not seek name suppression.

The tenant sought name suppression but has not been successful and name suppression is declined.

Claims and awards in Tenancy Tribunal application 5408168 — net $2,820.06 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 1 December 2025	$861.43	Rent arrears (to 1 December 2025
Previous order application 5361282 dated 17/11/2025	$1,930.63	Previous order application 5361282 dated 17/11/2025
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$2,820.06
Total payable by Tenant to Landlord	$2,820.06

Order

This order incorporates the Tribunal order made on 17 November 2025 under application 5361282.
Shane Harnett and Sheree Cockbain must pay The Agency Real Estate 2026 Limited T/A Bronwyn Kay Agency T $2,820.06 immediately, being rent arrears to 1 December 2025.

Reasons

On 8 December 2025 the landlord filed an application seeing rent arrears and reimbursement of the filing fee following the end of the tenancy.
The hearing proceeded by way of video conference. Ms Te Rongopatai, Property Manager, appeared for the landlord. Mr Harnett appeared for both tenants. Relevant legal considerations
The relevant law that applies is found in the Residential Tenancies Act 1986 (the “Act”).
With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations.
That includes a requirement that the party bringing the claim (the applicant), establish their claims “on the balance of probabilities.” The balance of probabilities means more likely than unlikely, or in mathematical terms, has a fractionally more than 50% likelihood. The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely.
This obligation carried by the applicant is referred to as the “burden of proof.” Independent witnesses, corroborating documents and photographs are an important part of discharging this burden.
As noted by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02, in practical terms this means that: ... [L]ike anyone who brings an application before a Tribunal or Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties, and it is certainly not up to the Tribunal to extract evidence. History of the tenancy
The tenancy commenced on 18 December 2024.
On 17 November 2025 the Tribunal made the following orders 1 : a. The tenancy was terminated and possession granted to the landlord at 6pm on 1 December 2025. b. The Bond Centre to pay the bond of $2,600.00 to the landlord immediately. c. The tenants to pay the landlord $1,930.63 immediately calculated as: Rent arrears to 17/11/2025 $4,502.63 Filing fee reimbursement$ 28.00 1 Bronwyn Kay Agency Limited As Agent For Peter Clark v Sheree Cockbain, Shane Harnett [2025] NZTT 5361282 Total award$4,530.63 Less refund of bond$2,600.00 Total payable by tenant to landlord $1,930.63
On 28 November 2025 the Bond Centre refunded the bond in full to the landlord.
At the end of the tenancy the tenant’s rent arrears totalled $2,924.06.
On 17 March 2026 the tenant paid $160.00 towards their rent arrears. How much is owed in rent arrears
The landlord has applied for rent arrears and has provided up to date rent records that prove the amount owing to the date of hearing totals $2,764.06.
The Tribunal has previously made an order for rent arrears to 17 November 2025 totalling $4,530.63. The Tribunal ordered the bond be refunded to the landlord to offset the rent debt. This reduced the rent debt to $1,930.63. The landlord seeks an order for rent arrears at the date of hearing totalling $2,764.06, however $1,902.63 has already been awarded under order 5361282. The difference between the amount previously ordered and the amount claimed is $861.43 and that is what is ordered. Other matters
On 17 November 2025, the Tribunal made an order relating to this tenancy for rent arrears to 17 November 2025. The previous order is incorporated into this order for enforcement purposes.
Because The Agency Real Estate 2026 Limited T/A Bronwyn Kay Agency T has wholly succeeded with the claim I must reimburse the filing fee.
Despite being wholly successful the landlord did not seek name suppression.
The tenant sought name suppression but has not been successful and name suppression is declined.

Tenancy Tribunal case 5408168 — Rent arrears at 293 Ormond Road, Mangapapa, Gisborne 4010

At a glance

Tenancy Tribunal case 5408168 — Rent arrears at 293 Ormond Road, Mangapapa, Gisborne 4010

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