Tenant ordered to pay water rates arrears and filing fee
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay back arrears in water rates and a filing fee to the landlord. The tenant was ordered to pay $70.00 per week until the debt is fully repaid.
⚖️ Legal holding
A tenant must pay arrears in water rates and a filing fee to the landlord if proven by the landlord's records.
📖 Technical summary
The Tenancy Tribunal ordered the tenant to pay arrears in water rates and a filing fee to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay arrears in water rates and a filing fee to the landlord, as proven by the landlord's records. The tenant was ordered to pay $70.00 per week until the debt is paid in full.
📚 Full judgment Official document
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[2025] NZTT 5034236
TENANCY TRIBUNAL - Napier | Ahuriri
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: Unit/[ADDRESS], [POSTCODE]
ORDER
1. [NAME] must pay [COMPANY] $3,232.68, calculated as shown in the table below:
Description Landlord Tenant
Water rates (as at 4 February 2025) $3,205.68 Filing fee reimbursement $27.00 Total award $3,232.68 Total payable by Tenant to Landlord $3,232.68
2. The tenant must pay the debt in Order 1 at the rate of $70.00 per week.
3. The first payment must be made on 11 February 2025 and payments must continue every Tuesday until the debt is paid in full.
4. If the tenant fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
5. The Tribunal’s Order dated 16 August 2023 (application 4615429), is superseded and replaced by this Order.
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Reasons:
1. The landlord attended the hearing which was held by teleconference. The tenant was unable to be contacted on the number specified in the Notice of Hearing, which was duly served. That was confirmed as the number from which she txt the landlord yesterday.
2. The landlord seeks an Order for payment of water rates arrears. The arrears are proved by the landlord’s records. The debt represents water charges to and including 9 January 2025 and payments made by the tenant to and including 4 February 2025.
3. The tenant has been paying $70.00 per week towards water rates, which are around $140.00 per month, with the balance going towards the arrears. The landlord is comfortable with that arrangement continuing by Order of the Tribunal.
4. The debt incorporates the sums Ordered in the Tribunal’s Order dated 16 August 2023 (application 4615429), which is superseded.
5. [NAME] is included as a respondent in this Order. The landlord is happy to release the other tenant named in the agreement, [NAME], from her obligations under the agreement.
6. As the landlord has had its claim upheld I reimburse the filing fee.
B King
12 February 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's records proved the water rates arrears.
- The tenant had been making regular weekly payments towards the water rates.
- The landlord agreed to continue the current payment arrangement for the debt.
- The landlord's claim was upheld, leading to reimbursement of the filing fee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay back arrears in water rates and a filing fee to the landlord.
What was the dispute about?
The dispute was about the tenant owing arrears in water rates and the landlord seeking payment of these arrears.
How did the court decide, and why?
The court decided in favour of the landlord because the arrears were proven by the landlord's records.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the proof of arrears in water rates provided by the landlord's records.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have proper records of any arrears to present to the Tenancy Tribunal.
What evidence or documents mattered?
The landlord's records of water rates arrears mattered in this decision.