Tribunal Orders Unit Owner to Pay Levies and Costs

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[2025] NZTT 9061664

TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner, Owner, Owner

UNIT ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $6,958.01 immediately, calculated as follows:

Descriptions Applicant Respondent

Levy $3,119.70 Costs $3,125.50 Interest $212.81 Filing Fee $500.00 Total payable by Respondent to Applicant

$6,958.01

Reasons:

1. Both parties attended the hearing: [NAME] attended as the unit owner and [NAME] represented the [NAME].

2. The Tribunal must consider an application from the [NAME] for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

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Does the Unit Owner owe the levies claimed?

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

4. The [NAME] has determined the levies payable and the unit owner's share has been calculated according to their utility interest. Since the application was filed, levies for April 2025 have become due, and they are included in this order.

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

6. [NAME] advised that on 14 April 2025 (yesterday) the unit owner paid a lump sum of $5,400.00. This amount has been deducted from the total claimed.

7. The [NAME] has provided records that prove the amount claimed.

Is the unit owner liable for interest?

8. If a unit owner 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 Unit Titles Act 2010.

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

10.The interest sought has been calculated against the unpaid levies up until 14 April 2025.

Is the Unit owner liable for costs?

11.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 unit owner.

12.[NAME] explained that the costs sought are for work undertaken due to the levies not being paid on time. The [NAME] has maintained contact with the unit owner. Costs for appearance at today’s hearing are included in the amount sought.

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13. I am satisfied that the costs ordered above are reasonable.

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

[NAME] 15 April 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