Unit Owner Ordered to Pay Levies and Costs in Tenancy Tribunal Case
📌 In brief
The Tenancy Tribunal ordered the unit owner to pay levies, interest, and costs to the claimant under the Unit Titles Act 2010. The claimant had applied for recovery of unpaid levies, interest, and costs.
⚖️ Legal holding
A unit owner must pay all levies and outgoings payable for the unit under the Unit Titles Act 2010.
📖 What the law says
This section outlines some responsibilities of owners of principal units, including allowing the body corporate to enter their unit for certain purposes like checking its condition or maintaining shared infrastructure and common property.
Generally, the Tenancy Tribunal cannot award costs to or against parties in a case. However, it can award costs in specific situations, such as when the proceedings are considered frivolous or vexatious, or if a party was represented by a lawyer.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The Tenancy Tribunal ordered the unit owner to pay levies, interest, and costs to the claimant.
📜 Headnote Official document
The Tenancy Tribunal ordered the unit owner to pay levies, interest, and costs to the claimant under the Unit Titles Act 2010. The claimant had applied for recovery of unpaid levies, interest, and costs.
📚 Full judgment Official document
__________________________________________________________________________________ 9055184 1
[2025] NZTT 9055184
TENANCY TRIBUNAL AT AUCKLAND | TE TARAIPIUNARA RETIHANGA KI TĀMAKI MAKAURAU
APPLICANT: [redacted]
RESPONDENT: [redacted] Owner
UNIT ADDRESS: Unit/Flat BA, [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] must pay [NAME] $99,703.13 immediately, calculated as set out in the schedule to this Order:
Reasons:
1. The [NAME] attended the hearing. The Unit Owner did not attend.
2. This was a rehearing of the matter. The application was dismissed on 30 September 2024 due to counsel for the [NAME] having mistakenly understood that the hearing was to take place by teleconference.
3. The [NAME] has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
Does the Unit Owner owe the levies claimed?
4. 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.
5. The [NAME] has determined the levies payable and unit owner's share has been calculated according to their utility interest.
__________________________________________________________________________________ 9055184 2
6. The [NAME] has fixed the due date for the levies to be paid, and the unit owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010. The [NAME] has provided records to prove the amount claimed.
Is the Unit owner liable for interest?
7. 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.
8. 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.
9. I have allowed an amended claim for interest to 8.2.25 as interest has continued to run from the date of the initial hearing. Otherwise, all claims and costs are as presented for the September hearing.
Is the Unit owner liable for costs?
10.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. I am satisfied that the costs ordered above are reasonable.
11.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] 03 March 2025
__________________________________________________________________________________ 9055184 3
Schedule
Description Due date Amount
Special Levy 25.7.23 $13,857.93
Special Levy 20.8.23 $11,093.90
Special Levy 15.10.23 $7,001.07
Special Levy 28.12.23 $2,249.88
Special Levy 10.5.24 $16,031.64
Special Levy 31.5.24 $3,717.85
Special Levy 20.7.24 $16,031.64
Operational Levy 20.9.23 $931.61
Operational Levy 20.10.23 $931.61
Operational Levy 20.11.23 $931.61
Operational Levy 20.12.23 $931.61
Operational Levy 20.1.24 $931.61
Operational Levy 20.2.24 $931.61
Operational Levy 20.3.24 $931.61
Operational Levy 30.4.24 $1,087.75
Operational Levy 20.5.24 $1,087.75
Operational Levy 20.6.24 $1,087.75
Operational Levy 21.7.24 $1,087.75
Operational Levy 20.8.24 $1,087.75
Operational Levy 20.9.24 $1,087.75
BC Debt recovery costs $402.50
__________________________________________________________________________________ 9055184 4
BC s.147 report costs $720.00
Legal costs to TT hearing $6,293.09
Appearance TT hearing $287.50
Interest to 8.2.25 $8,468.41
TT Filing Fee $500.00
TOTAL $99,703.13
__________________________________________________________________________________ 9055184 5
Please read carefully:
SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS MATTER PLEASE CONTACT UNIT TITLE SERVICES [PHONE].
MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE TARI UNIT TITLE SERVICES [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 UNIT TITLE SERVICES [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
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The unit owner must pay all levies and outgoings as required by the Unit Titles Act 2010.
- Interest at a rate of up to 10% per annum is charged on unpaid levies from the due date until payment.
- Reasonable costs incurred in collecting unpaid levies are recoverable from the unit owner.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tenancy Tribunal ordered the unit owner to pay levies, interest, and costs to the claimant.
What was the dispute about?
The dispute was about the unit owner's obligation to pay levies, interest, and costs to the claimant.
How did the court decide, and why?
The court decided that the unit owner must pay levies, interest, and costs because the Unit Titles Act 2010 requires unit owners to pay all levies and outgoings payable for the unit.
Which laws or rules were applied?
The Unit Titles Act 2010, sections 80(1)(f), 121(1), 124(1), and 128 were applied.
What was the argument that mattered most?
The argument that mattered most was that the unit owner must pay all levies and outgoings payable for the unit under the Unit Titles Act 2010.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, they may be required to pay levies, interest, and costs if they are a unit owner and have unpaid levies.
What evidence or documents mattered?
The evidence included records proving the amount of levies claimed and the amount of interest owing.