What was the outcome of Tenancy Tribunal case 9057864?

The tribunal order states: Crown Lease Trustees Limited must pay Body Corporate 81340 $3,237.25

How much money was awarded in case 9057864?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9057864?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9057864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12099984-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9057864?

The tribunal order states: Crown Lease Trustees Limited must pay Body Corporate 81340 $3,237.25

How much money was awarded in case 9057864?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 9057864?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9057864?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12099984-Tribunal_Order.pdf.

Paraparaumu Beach, Paraparaumu Tenancy Tribunal Case 9057864 — Unit Titles

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Reasons

Both parties attended the hearing.

The body corporate applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

On 13 March 2025, The Tribunal made an order for outstanding levies, interest and costs.

On 19 March, the owner applied for a rehearing. I directed the rehearing application to be set down for hearing and made timetabling directions regarding submissions and evidence.

The parties attended a rehearing hearing on 5 June 2025.

I dismissed the rehearing application and made directions for the parties to provide submissions in respect of costs.

The body corporate sought costs of $3,237.25 and made submissions pursuant to the timetabling directions. The owner did not make any submissions in respect of costs.

Pursuant to section 124 UTA, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate.

In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014, Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645, and Body Corporate 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner.

The Body Corporate submits that: “The costs incurred by the Body Corporate in opposing and attending the hearing to determine if there should be a rehearing are part of a process to pursue the Respondent for breaches of obligations to pay levies and are part of the overall "collection" costs under s124. Defending an application for a rehearing falls within the scope of "collecting the levy."

The owner did not dispute the submission.

I adopt the submission of the body corporate and find that the costs claimed are reasonable. The body corporate provided a full breakdown and time records for the amount claimed.

I award costs of $3,237.25 on the rehearing application.

Reasons

Both parties attended the hearing.

The body corporate applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

On 13 March 2025, The Tribunal made an order for outstanding levies, interest and costs.

On 19 March, the owner applied for a rehearing. I directed the rehearing application to be set down for hearing and made timetabling directions regarding submissions and evidence.

The parties attended a rehearing hearing on 5 June 2025.

I dismissed the rehearing application and made directions for the parties to provide submissions in respect of costs.

The body corporate sought costs of $3,237.25 and made submissions pursuant to the timetabling directions. The owner did not make any submissions in respect of costs.

Pursuant to section 124 UTA, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate.

The owner did not dispute the submission.

I adopt the submission of the body corporate and find that the costs claimed are reasonable. The body corporate provided a full breakdown and time records for the amount claimed.

I award costs of $3,237.25 on the rehearing application.

Tenancy Tribunal case 9057864 — Unit Titles in Paraparaumu Beach, Paraparaumu

At a glance

Tenancy Tribunal case 9057864 — Unit Titles in Paraparaumu Beach, Paraparaumu

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions