Tenant Ordered to Pay Overdue Water Charges and Filing Fee
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay the landlord $514.37 for overdue water charges and filing fees. The Tribunal relied on the Residential Tenancies Act to determine the tenant's responsibility for these charges.
⚖️ Legal holding
A tenant is liable for water charges where a water supplier charges based on consumption.
📖 What the law says
This rule generally states that a landlord is responsible for all property expenses, including water charges. However, it also says that a tenant must pay water charges if the property has its own water meter and the tenancy agreement mentioned this at the start of the tenancy.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay overdue water charges and the landlord's filing fee.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay the landlord $514.37 for overdue water charges and filing fees. The Tribunal found the tenant responsible under the Residential Tenancies Act for these charges.
📚 Full judgment Official document
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[2025] NZTT 5068853
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], Patumahoe, RD 4, Pukekohe 2679
ORDER
1. [NAME] must pay [COMPANY] $514.37 immediately, calculated as shown in the table below:
Description Landlord Tenant Water rates $487.37 Filing fee reimbursement $27.00 Total award $514.37 Total payable by Tenant to Landlord $514.37
Reasons:
1. This hearing was conducted by teleconference, with [NAME] representing the landlord. Three attempts were made to contact the tenant, and on each occasion, the call went to voicemail. As the tenant has been notified, the hearing proceeded.
2. The landlord has applied for payment of overdue water charges.
3. Under the Residential Tenancies Act (the RTA) a tenant is responsible for all outgoings for the premises exclusively attributable to the tenant’s occupation of
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the premises, including electricity, gas, telephone and internet.1 A tenant is also liable for water charges where a water supplier charges for water provided to the premises on the basis of consumption.2
4. At the hearing, the landlord advised that the water charges remained unpaid. The landlord confirmed that the amount payable by the tenant was $487.37. The relevant invoices from [NAME] were provided after the hearing. Being satisfied that the landlord has established its claim, the amount sought for overdue water charges is awarded above.
Filing fee
5. As the landlord has been successful, the tenant is to pay the landlord’s filing fee.
[NAME]
27 February 2025
1 Section 39(4)(a) and (b) 2 Section 39(4)(c)
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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 proved that the water charges were still unpaid.
- The landlord provided the necessary invoices for the water charges.
- The tenant is responsible for water charges when the supplier charges based on consumption.
- The landlord was successful in their claim, so the tenant must pay the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ordered the tenant to pay the landlord $514.37 for overdue water charges and filing fees.
What was the dispute about?
The dispute was about the tenant owing overdue water charges to the landlord.
How did the court decide, and why?
The court decided that the tenant must pay the overdue water charges because the Residential Tenancies Act states that tenants are responsible for such charges.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 39(4)(c) was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant was responsible for paying the overdue water charges under the Residential Tenancies Act.
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?
Someone in a similar situation should ensure they pay their water bills on time to avoid facing similar penalties.
What evidence or documents mattered?
The relevant invoices for the overdue water charges were provided as evidence.