Tenant Ordered to Pay Correct Amount After Calculation Error
📌 In brief
The Tenancy Tribunal corrected a monetary award due to a calculation error, adjusting the total amount to be paid by the tenant. The initial order had an incorrect total, but after reviewing the calculations, the Tribunal issued a new order reflecting the accurate amount.
⚖️ Legal holding
A tenant must pay the correct amount as determined by the Tenancy Tribunal after correcting any calculation errors.
📖 Technical summary
The Tenancy Tribunal corrected a monetary award due to a calculation error, adjusting the total amount to be paid by the tenant.
📜 Headnote Official document
The Tenancy Tribunal corrected a monetary award due to a calculation error, adjusting the total amount to be paid by the tenant. The Tribunal reviewed the initial order and adjusted the compensation for various damages and services.
📚 Full judgment Official document
__________________________________________________________________________________ 5135873 1
[2025] NZTT 5135873
TENANCY TRIBUNAL AT WHANGAREI | TE TARAIPIUNARA RETIHANGA KI WHANGĀREI-TERENGA-PARĀOA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. This Order supersedes the Order dated 8 May 2025. There was a calculation error in that order.
2. [NAME] must pay [COMPANY] $2,790.85 immediately, calculated as shown in table below.
Description Landlord Tenant Rent arrears $969.77 Water rates $925.98 Compensation - scratch damage to door $250.00 Compensation - carpet replacement $770.00 Window repairs: Bathroom window $305.23 Clear blocked drain during tenancy $108.14 Light bulbs/batteries $19.73 Pest control: Fleas $45.00 Replace smoke alarms $50.00 Rubbish removal $600.00 Cleaning $400.00 Filing fee reimbursement $27.00 Total award $4,470.85 Bond $1,680.00 Total payable by Tenant to Landlord $2,790.85
__________________________________________________________________________________ 5135873 2
Reasons:
1. On 8 May 2025 I made an Order that [NAME] was to pay the landlord $2,390.85 after deduction of the bond. The reasons for the order are set out in the decision dated 8 May 2025.
2. On 9 [NAME] contacted the Tribunal seeking two corrections to the order:
a. The decision awarded $400 for cleaning but this was included in the calculation table.
b. The cost of unblocking the drain was $382.61 not $108.14, and an invoice was provided for this cost.
3. The Tribunal has the power to re-issue orders if there is a calculation or typographical error.
4. The $400 for cleaning was clearly awarded in the decision and was left out of the table in error. This request for correction is granted.
5. The other amendment requested by [NAME] is not a calculation error or a typo. The documents provided in evidence included an invoice from [NAME] dated 16 September 2024 for $382.61. [NAME]’ application, which was filed on 17 January 2025, clearly claimed $108.14 for this work. It is possible, and not uncommon, for landlords to claim less than the cost of the actual work.
6. This request for a correction is not granted. If the landlord wishes to pursue this, the only option is to file an application for a re-hearing.
7. The corrected order is set out above.
[NAME]
26 May 2025
__________________________________________________________________________________ 5135873 3
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 tenant requested a correction for the cleaning charge which was mistakenly omitted from the calculation table.
- The tribunal granted the correction for the cleaning charge as it was correctly awarded in the decision.
❌ Tends to be rejected
- The tenant requested a correction for the cost of unblocking the drain, claiming the actual cost was higher.
- The tribunal did not grant this correction as it was not considered a calculation error or typo.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal corrected a monetary award due to a calculation error, adjusting the total amount to be paid by the tenant.
What was the dispute about?
The dispute was about the accuracy of the monetary award given to the landlord, specifically a calculation error in the initial order.
How did the court decide, and why?
The court decided to correct the monetary award after identifying a calculation error in the initial order. The Tribunal reviewed the calculations and issued a new order reflecting the accurate amount.
Which laws or rules were applied?
No specific laws or rules were applied in this decision.
What was the argument that mattered most?
The argument that mattered most was the identification and correction of the calculation error in the initial monetary award.
Was the decision for or against the person who brought the case?
The decision was for the landlord, as the corrected monetary award reflected the accurate amount owed by the tenant.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that any calculation errors in monetary awards should be corrected to ensure the accurate amount is paid.
What evidence or documents mattered?
The evidence and documents that mattered were the invoices and calculations provided for the monetary award.