Claimant Awarded Costs for Breach of Operational Rules

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[2025] NZTT 9054884

TENANCY TRIBUNAL AT

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner of a principal unit

UNIT ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] must pay [NAME] $3,570.33 immediately being the costs awarded on this application.

Reasons:

1. On 24 October 2024, the Tribunal made Orders in respect of the [NAME]’s application for enforcement of the [NAME].

2. Costs were reserved. The Tribunal made directions for making any submissions in relation to costs. Extensions were then granted.

3. Both parties have made submissions but neither submission is fulsome.

4. The [NAME] sought $3,570.33 being the “reasonable costs incurred” and provided evidence of time records. It did not make any submission as to why indemnity costs should be awarded in this case. Neither parties’ submissions addressed issues which would assist the Tribunal in the exercise of a discretion in relation to costs.

5. However, I allow the [NAME]’s claim for actual and reasonable costs incurred under section 127 Unit Titles Act 2010 (‘UTA’).

6. Section 127 UTA provides that any expense incurred by the [NAME] in

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7. doing an act that was rendered necessary by reason of any breach of the Act, the [NAME] operational rules, or any regulations by, any unit owner together with any reasonable costs in collecting the expense, is recoverable as a debt due to the [NAME] by the unit owner at the time proceedings are instituted.

8. I am satisfied that the costs sought by the [NAME] constitutes the doing of work, or act that was rendered necessary by reason of the respondent’s breach of the [NAME]. [NAME] v [NAME] 406198 [2021] NZTT Auckland 9023361.

[NAME] 01 April 2025

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY] [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc:

Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

http://www.justice.govt.nz/fines/civil-debt