Tenant Ordered to Pay for Methamphetamine Decontamination
📌 In brief
The Tenancy Tribunal ruled that a tenant must pay for methamphetamine decontamination costs if the contamination level exceeds 15 micrograms per 100cm². Exemplary damages were also awarded for the unlawful use of the premises.
⚖️ Legal holding
A tenant must pay for methamphetamine decontamination costs if the contamination level exceeds 15 micrograms per 100cm².
📖 What the law says
This section outlines a tenant's responsibilities, including keeping the premises reasonably clean and tidy, and leaving them in that condition when the tenancy ends. In this case, the tenant's actions led to methamphetamine contamination, which relates to the responsibility of keeping the premises clean.
This section allows a landlord or tenant to ask the Tenancy Tribunal for exemplary damages if the other person has committed an unlawful act. In this case, the Tribunal awarded exemplary damages because the tenant's use of the premises was unlawful due to methamphetamine contamination.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay the landlord for methamphetamine decontamination costs and awarded exemplary damages.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord for methamphetamine decontamination costs and awarded exemplary damages for unlawful use of premises. The Tribunal found that contamination levels exceeding 15 micrograms per 100cm² necessitated decontamination.
📚 Full judgment Official document
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[2025] NZTT 4969193
TENANCY TRIBUNAL AT KAIKOHE | TE TARAIPIUNARA RETIHANGA KI KAIKOHE
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] (as agents for [NAME]) $2,742.35 immediately, calculated as shown in table below.
2. The [COMPANY] is to pay the bond of $680.00 (5099429-010) to [COMPANY] immediately.
Description Landlord Tenant Methamphetamine decontamination $2,500.00 Exemplary damages - using the premises for an unlawful purpose
$900.00
Filing fee reimbursement $27.00 Water credit $4.65 Total award $3,427.00 $4.65 Net award $3,422.35 Bond $680.00 Total payable by Tenant to Landlord $2,742.35
Reasons:
Background
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1. The tenancy ended on 23 May 2024.
2. This application was filed on 12 August 2024. The application sought water rates, re-glazing costs, and methamphetamine related costs.
3. The application and notice of hearing were personally served on the tenant on 6 March 2025.
4. The hearing took place by phone on 24 April 2025. [NAME] represented the landlord. I was unable to contact [NAME]. The hearing proceeded in [NAME]’s absence.1
5. [NAME] clarified that:
a. There was a water leak during the tenancy.
b. The Council invoice for water over the period of the leak was not adjusted. The amount of that invoice was $611.52.
c. It is appropriate to adjust that invoice because [NAME] is not liable to pay for water lost through the leak.
d. After reducing that invoice to be in line with [NAME]’s previous water rates invoices, there is a credit of $150.97.
e. The cost of re-glazing the bathroom window was $146.32.
f. The remaining credit is $4.65.
6. The remaining issue in the landlord’s application is methamphetamine related costs.
Methamphetamine de-contamination
7. The tenancy began in August 2017.
8. The premises were tested for methamphetamine in September 2017. The result was positive at a low level of 0.25 micrograms per 100m2 on a 5-sample composite.
9. The premises were tested again at the end of the tenancy.
10. The result was positive at a significantly raised level of 10.8 micrograms, which 43 times higher than the entry level.
11. The landlord carried out detailed testing. The results were:
Kitchen 17.4 micrograms
Lounge 19.9 micrograms
Bedroom 10.7 micrograms
1 Section 92 Residential Tenancies Act 1986 (“RTA”)
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Laundry 2.38 micrograms
Bathroom 3.61 micrograms
12. The landlord has insurance for methamphetamine de-contamination and testing costs, with a $2,500 excess.
13. The premises were de-contaminated and the landlord paid the excess.
14. Methamphetamine contamination, at levels that necessitate de-contamination of the premises, is damage to the premises.
15. There is currently no level specified in the Residential Tenancies Act 1986 as the ‘trigger’ for de-contamination.
16. The Tenancy Tribunal has adopted the recommendation of the Gluckman report, which concluded that contamination at levels below 15 micrograms per 100cm2 does not pose any threat to human health and does not necessitate de- contamination2.
17. In this instance, there is proven contamination at levels above 15 micrograms per 100cm2 in the kitchen and lounge.
18. Therefore, de-contamination was necessary.
19. I am satisfied that the cost of de-contaminating the kitchen and lounge, plus testing costs, comfortably exceeds the $2,500.00 claimed.
20. The claim is proven.
Exemplary damages
21. It is an unlawful act for the tenant to use the premises, or to permit the premises to be used, for any unlawful activity3. The Tenancy Tribunal can award exemplary damages of up to $1,800.00 for that unlawful act.
22. Methamphetamine use is unlawful.
23. There are grounds for an award of exemplary damages.
24. In considering an award of exemplary damages the Tribunal must have regard to:4
a. The intention of the person who committed the unlawful act; and
b. The effect of the unlawful act; and
c. The interests of the person against whom the act was committed; and
2 This approach was affirmed by the District Court in Full Circle Real Estate Ltd v Piper [2019] NZDC 4947. 3 Section 40(2)(b) RTA 4 Section 109 RTA
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d. The public interest.
25. The Tribunal’s usual approach to exemplary damages is to award one third of the maximum unless there are aggravating or mitigating factors in play5.
26. In this instance it is an aggravating factor that the unlawful activity caused damage to the premises, and a cost and delay for the landlord.
27. I will award exemplary damages of $900.00.
Filing fee, bond
28. The landlord has been successful in this application. and I must also award the landlord the filing fee.
29. The bond will be released to the landlord.
N Blake
24 April 2025
5 Wellington Property Management Ltd v Hardie [2022] NZTT 4399281 4374781
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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 contamination levels in the kitchen and lounge exceeded 15 micrograms per 100cm², requiring decontamination.
- The tenant used the premises for methamphetamine use, an unlawful activity, leading to an award of exemplary damages.
- The landlord successfully proved the necessity and cost of decontamination.
- The landlord requested and was awarded the filing fee and the bond.
❌ Tends to be rejected
- The tenant's failure to respond to the application and hearing did not provide any defense against the claims.
- The credit from the water rates adjustment did not cover the full cost of decontamination and other charges.
- The landlord's insurance covered part of the decontamination costs, but the tenant was responsible for the excess.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant was ordered to pay for methamphetamine decontamination costs and awarded exemplary damages for unlawful use of the premises.
What was the dispute about?
The dispute was about the costs associated with methamphetamine decontamination and the unlawful use of the premises by the tenant.
How did the court decide, and why?
The court decided that the tenant must pay for decontamination costs because the contamination levels exceeded the threshold set by the Tenancy Tribunal. Exemplary damages were awarded due to the unlawful use of the premises.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 54, 40(2)(b), and 109 were applied.
What was the argument that mattered most?
The argument that mattered most was that the contamination levels exceeded the threshold set by the Tenancy Tribunal, necessitating decontamination.
Was the decision for or against the person who brought the case?
The decision was for the landlord, who brought the case.
What does this mean for someone in a similar situation?
For tenants in a similar situation, they may be required to pay for decontamination costs if the premises are contaminated with methamphetamine at levels exceeding the threshold set by the Tenancy Tribunal.
What evidence or documents mattered?
The evidence included test results showing contamination levels and the cost of decontamination services.