Tenant Ordered to Refrain from Altering Security and Fire Systems

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[2025] NZTT 9057984

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted] [NAME]

RESPONDENT: [redacted] Owner of a principal unit

UNIT ADDRESS: [ADDRESS], [POSTCODE], Volt

ORDER

[NAME] must refrain from:

a. installing any additional door lock on the door of unit 1112 without the express permission of the [NAME];

b. interfering with or making any alterations to the unit’s front door without the express permission of the [NAME];

c. interfering with or removing the [NAME] fire control system in unit 1112, including but not limited to fire alarms and smoke detectors; and

d. installing any additional fire security system in unit 1112 that may interfere with the existing fire security system, without the express permission of the [NAME].

Reasons:

1. [NAME] appeared for the [NAME].

2. [NAME] attended by telephone.

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3. I heard this application today together with another application by the [NAME] against [NAME], file number 9047264.

4. In that other application, [NAME] accepted liability for [NAME]’s on- charges for five callouts by [COMPANY] related to [NAME]’s unit’s smoke alarm.

5. The [NAME] is also concerned that [NAME] installed a new front door lock without the [NAME]’s approval.

Should the Tribunal make orders against [NAME] to refrain?

6. The [NAME] originally applied for orders to access to [NAME]’s unit to reinstall the fire security system and replace an unapproved door lock. However, [NAME] assured the Tribunal those orders are no longer required.

7. [NAME] does not oppose the prospective order-to-refrain made above. The matters [NAME] must refrain more are no more than a restatement of [NAME]’s obligations under the Unit Titles Act 2010 and the [NAME] operational rules.

8. The Tribunal makes the orders sought.1

Costs

9. [NAME] says the [NAME] will seek costs.

10. The [NAME]’s costs submissions must be filed by 5:00pm on Friday 28 March 2025.

11. [NAME] is not required to file costs submissions at this time. The Tribunal will invite him to file costs submissions if it later determines that is desirable.

R Kee 14 March 2025

1 Under s 171(3A)(b).

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY] [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.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.

http://www.justice.govt.nz/fines/civil-debt