Tenant Ordered to Pay Water Rates Based on Consumption
📌 In brief
The Tenancy Tribunal ruled that the tenant must pay water rates to the landlord based on consumption under the Residential Tenancies Act 1986.
⚖️ Legal holding
A tenant is responsible for water charges based on consumption under the Residential Tenancies Act 1986.
📖 What the law says
This section generally states that the landlord is responsible for all outgoings related to the property, such as rates, insurance, and water charges. However, it also specifies that tenants must pay for certain outgoings, including water charges, if the property has its own water meter and the tenancy agreement mentioned this at the start.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tribunal ordered the tenant to pay water rates to the landlord.
📜 Headnote Official document
The Tenancy Tribunal ordered the tenant to pay water rates to the landlord based on consumption under the Residential Tenancies Act 1986.
📚 Full judgment Official document
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[2025] NZTT 5183192
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 Agents For [NAME] $670.44 immediately, calculated as shown in table below:
Description Landlord Tenant Water rates from 26/7/2024 to 27/3/2025 $643.44 Filing fee reimbursement $27.00 Total award $670.44 Total payable by Tenant to Landlord $670.44
Reasons:
1. The landlord attended the hearing, by telephone.
2. Unfortunately, the Tribunal was unable to contact the tenant by telephone.
3. The tenancy is a fixed term from 27/6/2024 to 28/6/2025 at $700.00 rent per week.
4. The landlord sought water rates for the premises from 27/6/2024 to 27/3/2025.
5. In support of the application the landlord provided invoices from [NAME].
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6. A tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to their occupation of the premises or to their use of the facilities, see section 39(3) Residential Tenancies Act 1986.
7. Therefore, tenants are only liable for the electricity, gas, telephone, and internet they use, and for water charges based on consumption section 39(4).
8. I am persuaded by the evidence that the tenant owes water rates of $643.44 to 27/3/2025.
9. An order has been made for the amount owing.
10. As [COMPANY] As Agents For [NAME] has wholly succeeded with the claim I must award the filing fee.
J Wilson
03 April 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 tenant is responsible for water charges based on consumption under the Residential Tenancies Act 1986.
- The landlord provided invoices showing the tenant owes $643.44 in water rates.
- The tenant did not attend the hearing, which allowed the Tribunal to rely solely on the landlord's evidence.
❌ Tends to be rejected
- The tenant's absence prevented them from presenting any counter-evidence or arguments.
- There were no specific arguments presented by the tenant that were considered or rejected by the Tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant must pay water rates to the landlord based on consumption.
What was the dispute about?
The landlord claimed the tenant owed water rates for the period from 27/6/2024 to 27/3/2025.
How did the court decide, and why?
The court decided in favour of the landlord, finding that the tenant was responsible for the water rates based on consumption under the Residential Tenancies Act 1986.
Which laws or rules were applied?
The Residential Tenancies Act 1986, sections 39(3) and 39(4) were applied.
What was the argument that mattered most?
The landlord argued that the tenant was responsible for water charges based on consumption under the Residential Tenancies Act 1986.
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 are aware of their responsibilities under the Residential Tenancies Act 1986, particularly regarding water charges.
What evidence or documents mattered?
The landlord provided invoices from the utility provider to support the claim.