A woman whose former partner poured petrol throughout her rented house has been ordered to pay for damages despite having a protection order against him.
The Tenancy Tribunal found Tara Reeve liable for the damages her former partner, Shannon Reeve, caused on February 28 last year, determining she had "permitted" him to be there.
Tara Reeve was not there at the time, she'd gone away for the weekend with their two children and grandfather, when her former partner filmed himself pouring petrol over himself and on the carpet.
He then sent the video to Monique Ruthe, the property manager and stepsister of Tara Reeve.
When Ruthe arrived at the property in Mangakakahi, Rotorua, she was threatened and called police and Tara Reeve.
Shannon Reeve was arrested and was due for sentence last week on charges of intentional damage, threatening to kill and breaching a protection order.
With the tribunal hearing pre-empting the sentencing and the landlord wanting nearly $2500 compensation for damages, tribunal adjudicator R Lee wanted the reparation sorted.
Tara Reeve said her former partner had been at the property on the afternoon but had left when she went to pick up her children, and some of the claim for damages had occurred in previous incidents.
She objected to paying damages as she had been told by family that police were seeking it at sentencing.
However, in determining damages the tribunal had to be sure that Reeve permitted the damage occurring, and was her ex there with her permission.
It looked to case law which showed that "permit" could include any inaction or "turning a blind eye" or not taking to steps to prevent actions from a visitor.
Despite Tara Reeve submitting that she left the house at 2.30pm the day of the incident and knowing that her former partner's keys were stuck in a vehicle which had been impounded the previous week, the tribunal found she was liable.
That was on the basis that he had been there earlier that day, and police had been called at 4pm due to a complaint. Despite the protection order, Tara Reeve insisted there was no problem between her and her former partner.
She also allowed Reeve to visit and access the property and there was no supporting evidence that he had lost his key in his van.
The pouring of petrol was also not an isolated incident, with four other separate incidents occurring in the three months prior.
It ordered Reeve pay Rotorua Investments Limited $2089.75; made up of $175 for carpet cleaning and $1914.75 for front-door and hall-door damage.