Claimant wins unpaid water rates case at Tenancy Tribunal
📌 In brief
The Tenancy Tribunal ruled in favour of the landlord, ordering the tenant to pay $1,438.50 for unpaid water rates. The tenant did not show up for the hearing.
⚖️ Legal holding
A tenant is required to pay for their consumption of utilities such as water.
📖 Technical summary
The claimant successfully recovered unpaid water rates from the respondent.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $1,438.50 for unpaid water rates from August 2024 to January 2025. The tenant did not attend the hearing.
📚 Full judgment Official document
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[2025] NZTT 5192092
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] As Agent For [NAME] $1,438.50 immediately, calculated as shown in table below:
Description Landlord Tenant Water rates: Balance due from August-January 2025 $1,411.50 Filing fee reimbursement $27.00 Total award $1,438.50 Total payable by Tenant to Landlord $1,438.50
Reasons:
1. The landlord attended the hearing. The tenant was called twice on the phone number provided in the application but both calls went to answerphone. As I am satisfied that the tenant was given notice of today’s hearing I have proceeded in their absence.
2. The landlord has claimed unpaid water rates invoices for the period August 2024 to the end of the tenancy. The landlord has provided a copy of the invoices and given evidence confirming that the balance of the bond was
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applied to unpaid water rates. I am satisfied that the tenant owes the landlord the amount ordered. I confirm that the landlord has only charged the tenant for the tenant’s consumption and usage.
3. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee.
T Prowse
28 May 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to 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.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord provided copies of unpaid water rates invoices.
- The landlord confirmed the tenant's bond was applied to unpaid water rates.
- The tenant was given proper notice of the hearing but did not attend.
❌ Tends to be rejected
- The tenant did not provide any counter-evidence or explanation for the unpaid water rates.
- The tenant did not contest the accuracy of the invoices or the calculation of the debt.
- The tenant did not show up to defend themselves in the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the tenant to pay the landlord $1,438.50 for unpaid water rates.
What was the dispute about?
The dispute was over unpaid water rates for the period from August 2024 to January 2025.
How did the court decide, and why?
The court decided in favour of the landlord because the tenant did not attend the hearing and the landlord provided evidence of the unpaid water rates.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The fact that the landlord had evidence of unpaid water rates and the tenant did not attend the hearing was the most important argument.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have evidence of unpaid utility bills and attend all hearings.
What evidence or documents mattered?
The judgment mentions copies of the invoices and evidence confirming the balance of the bond was applied to unpaid water rates.