Removal of residents’ mailboxes

By Sandy Gilbert (TRPHA) and Paul Smyth (Tenants’ Union of NSW) 

Imagine doing your daily routine of going to the mailbox to check if there’s anything that has been delivered to you and one day finding a written notice from your operator requesting that you hand back your mailbox key within seven days. What do you do and how should you respond? This was the dilemma that faced Ron Warren who has lived at North Star (presently operated by Tasman) for over 25 years. 

North Star is a mixed use community located off the Tweed Coast Road and is close to Hastings Point beach in Northern NSW. Tasman are the operator of North Star and they own and operate 12 communities throughout NSW. North Star is described by the owners as the “ultimate family caravan park” the homes consist of cabins, villas, powered camping sites and ensuite caravans.The facilities at North Star include the resort pool, a heated pool, waterslides and a marine discovery centre. There is also a kiosk and an onsite licensed bar and café.

However, one essential service and facility for some residents was recently removed, namely their mailboxes. Bizarrely on 19 January 2026 management wrote to a number of residents including Ron Warren who has lived in his home at site 123 North Star for over 19 years, Sue (real name withheld) who has lived at North Star for 9 years and Mandy (real name withheld) who has lived at North Star for 13 years. North Star management requested that the named home owners “return your mailbox key to us within 7 days of the date of this letter”. Tasman advised in the notice letter that they recently conducted a mailbox audit and during this audit it was discovered that “you hold a mailbox in our mailbox area”. As the holder of an occupancy agreement with Tasman the operator advised Ron that the agreement does not allow you to use the caravan on site 123 as your permanent address. Because of these terms we ask that you return your mailbox key to us within 7 days of the date of this letter. The notice also advised that the mailbox mechanism will be updated. The notice did not say that the barrel lock would be removed. Ron’s home consists of more than a caravan on site and the condescending tone of the operator’s correspondence annoyed Ron and other residents. 

Ron has always had a mailbox and he was issued with a key for the mailbox when he commenced living at North Star. 

On 3 February 2026 management at North Star wrote back to the residents advocate Sandy Gilbert from TRPHA and said “In relation to mail facilities, North Star is not recognised as the principal residential address for Occupation Agreement holders. The issuing or withdrawal of letterbox access does not alter the legal classification of the agreement nor confer residential status under the Residential Land Lease Communities Act. Any previous access provided in error does not override statutory requirements or contractual obligations”.  

Paul Smyth, Land Lease Communities solicitor at the Tenants’ Union of NSW says “this operator really needs to acquaint themselves with the NSW Court of Appeal decision in Bennett v Gennacker Pty Ltd [2016] NSWCA 89 to fully understand substance over form. In the Bennett case the Court of Appeal determined that while the Bennett’s had signed an occupation agreement it was not one to which the Holiday Parks Act 2002 (NSW) applied because all of the pre-conditions set out in s5(1) of the HP Act were not satisfied. The same scenario would appear to apply in Ron’s circumstances and for the other two home owners whose mailbox facilities have been removed”.

Alan Hawkes, a home owner and a residents committee member at North Star accompanied Ron to the community office. They asked staff what was happening with Ron’s mailbox facilities because on 4 February 2026 the operator had removed Ron’s name and letterbox number and also removed the barrelock so that Ron would not be able to use his mailbox key or access his mail (photo above). 

When Ron asked what was happening to his mailbox office staff said; “Ask your neighbours can your mail be sent to their site address and share their letterbox”. A female staff member at the office also said to Ron “you are only a weekender anyhow so why have you mail coming to your weekender”? The North Star action and response has angered many residents at North Star. 

As an interim measure TRPHA advised the affected residents to go to the post office and ask to get their mail held there for the time being. Australia Post on discovering the plight of the three home owners who had their mailbox access removed not only assisted with redirection of their mail but offered to provided a PO Box and key [at no charge] to the home owners from North Star. The cost of a small PO Box starts from roughly $170 per annum. 

The residents have applied to the NSW Civil and Administrative Tribunal (NCAT) regarding their site fee increases and the removal of their mail facilities. The home owners have sought various orders including a specific performance order that Tasman North Star restore their secure mailboxes and desist accessing or interfering with their mail facilities. 

Under section 47 of the Residential Land Lease Communities Act 2013: 

(1)  The operator of a community must establish and maintain at the community reasonably accessible and reasonably secure mail facilities for the home owners. 

(2)  The operator of a community must not access or interfere with individual mail facilities provided to a home owner in the community, except with the prior consent of the home owner. 

Maximum penalty—10 penalty units. 

(3)  The Tribunal may, on application by a home owner, make an order resolving a dispute concerning an operator’s compliance with this section. 

It is also an offence at Federal Law under the Criminal Code Act 1995 (Cth.) for anyone to interfere with mailbox facilities.