Tenant Successfully Recovers Unpaid Levies and Costs

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[2025] NZTT 9060784

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner

[NAME]: [NAME]/[ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] must pay [NAME] $3,830.59 immediately, calculated as follows:

Descriptions Respondent

Outstanding Levies $1,422.09 Costs $1,908.50 Filing Fee $500.00 Total award $3,830.59

Reasons:

1. Both parties attended the hearing by video link.

2. The [NAME] has applied for recovery of unpaid levies, interest, costs and the filing fee from the [NAME].

Does the [NAME] owe the levies claimed?

3. A [NAME] must pay all [NAME] levies and outgoings payable for the [NAME]. See sections 80(1)(f) and 121(1) [NAME] Act 2010.

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4. The [NAME] has determined the levies payable and [NAME]'s share has been calculated according to their utility interest.

5. The [NAME] has fixed the due date for the levies to be paid, and the [NAME] has not paid the levies by that date. See section 124(1) [NAME] Act 2010.

6. The [NAME] has provided records to prove the amount claimed. The [NAME] provided evidence of the outstanding levies by way of a running total summary or statement of all charges the [NAME] says are owing by the [NAME]. This was, in part, because the [NAME] has made a series of “round figure” payments to the [NAME]. However, it meant that the actual levies outstanding were not as clearly and concisely identifiable as they should have been. In future, it would assist the Tribunal if the [NAME] provided clearer evidence in relation to outstanding levies. That said, I am satisfied, having reviewed the spreadsheet, that the [NAME] has proved its claim for outstanding levies.

Is the [NAME] liable for interest?

7. If a [NAME] fails to pay levies by the due date, interest accrues on the unpaid balance. A [NAME] may charge interest up to 10% per annum. See section 128 [NAME] Act 2010.

8. The [NAME] has resolved to charge interest at 10% per annum on unpaid levies. However, the [NAME] has proved the amount of interest owing from the due date to the hearing date.

9. The [NAME] provided evidence, by way of an invoice to the [NAME], to claim interest of $1,016.62. There is no breakdown of the interest claim or how it has been calculated.

10.The application form states that interest has been calculated from August 2024. The amount claimed for levies at that date was $4,960.74. Since then, the amounts owing has fluctuated, increasing to approximately $16,000 in November 2024 and steadily reducing to $1,422.09 at the date of hearing.

11.The [NAME] has not persuaded me that its interest calculation is correct. Given the ways its claim was presented, it was not possible for me to cross-check the calculation, nor should the Tribunal be required to calculate the interest owing.

12.Counsel suggested that the [NAME] could submit further evidence after the hearing. That is not appropriate. This was the [NAME]’s’ claim and it has the onus of proof. The Tribunal regularly receives a full breakdown of how interest has been calculated.

13.The claim for interest is dismissed.

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Is the [NAME] liable for costs?

14.Pursuant to section 124 UTA, and as resolved at meetings of the [NAME], the [NAME] is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the [NAME]. In accordance with the judgments (of the District Court and Court of Appeal respectively) in [NAME] 162791 v [NAME] DC Auckland, CIV2014-004- 0120, 24 June 2014 and [NAME] 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the [NAME] in recovering the levies, objectively assessed, be paid by a defaulting [NAME]. I am satisfied that the costs ordered above are reasonable.

15.The [NAME] suggested that the costs would not have been incurred if the [NAME] had agreed to a payment plan proposal and been prepared to negotiate regarding the debt. A [NAME] has a statutory obligation to pay levies and the [NAME] has a responsibility to all [NAME] owners to collet those levies. There is nothing improper about the way the [NAME] has responded to this debt, or in its debt collection procedures.

16.Because the [NAME] has succeeded with the claim, I have reimbursed the filing fee. Section 176(1) [NAME] Act 2010 and section 102(4) Residential Tenancies Act 1986.

[NAME] 18 March 2025

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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