HuttNZ

Local News, Current Affairs and Events for the Hutt Valley Wellington New Zealand

Pomare evictions (Farmer Cres) to appeal Court decision

with 5 comments

Three Lower Hutt families with gang connections have filed appeals against a Tenancy Tribunal decision that would see them evicted from their state houses.

They are fighting moves to get them kicked out of the suburb of Pomare after neighbours complained about intimidation, threats and burglary.

In March, five households in Farmer Cres with Mongrel Mob links were issued 90-day notices terminating their tenancies after “severely disturbing the community”.

Two of the families moved before their notices expired. But Billy Taylor, Robyn Winther and Huia Tamaka appealed to the tribunal to have the orders overturned.

The trio lodged appeals in Lower Hutt District Court this morning. The court confirmed the appeals had been lodged but no dates had yet been set for hearings.

The Tenancy Tribunal would not comment further on the matter.

In February police arrested and charged several Mongrel Mob members, some of whom were partners of the tenants in question.

In a reserved decision released yesterday, the tribunal ruled in favour of Housing NZ, after the government agency argued it was simply seeking possession of its units, as it – and any other landlord – was entitled to do as long as correct procedures were followed.

Tribunal adjudicator Karun Lakshman said a landlord had no obligation to give a reason for 90 days’ notice.

“In the present case, the reasons given by the corporation, even if unlawful, do not make the notice bad.”

Robert Lithgow, QC, who represented the women at the tribunal hearing, argued the evictions were discriminatory and breached the Bill of Rights Act.

He said his clients would appeal the decision to the District Court and this morning said the women had already drafted appeals and would seek a stay on their eviction.

He said the Government had a plan.

”They are going to have a go at the Mongrel Mob and they don’t care who they hurt on the way,” he told Radio New Zealand.

Housing NZ chief executive Lesley Turk said it was pleased to be granted the possession orders. It encouraged tenants to be good neighbours. If they chose not to their tenancies would be terminated.

Dr Turk said state tenants, like any tenants, had an obligation to abide by the tenancy agreement and “avoid disturbing the harmony of their neighbourhood”.

“If they fail to do this, then they risk losing the opportunity of living in a state home.”

The families will be given time to leave but Housing NZ said it would enforce the possession order if necessary.

It was willing to help the families find new accommodation but “to date, they haven’t taken up this offer”.

“We can now focus on making Pomare a better place to live for the 100 or so Housing NZ tenants who live there.”

 
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Written by HuttNZ

July 31, 2009 at 2:52 am

Posted in Uncategorized

Tagged with , ,

5 Responses

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  1. […] Pomare evictions (Farmer Cres) to appeal Court decision […]

  2. […] as a precaution and the protection of staff who might have been intimidated by Mongrol Mob members. This issue is still not resolved, is it a sign that we are over cautious in our dealings with gang related issues in NZ. Is our […]

  3. Please… they have lived in Farmers cres for years…20 plus to be exact and intimidation is just an excuse to get them out of there. If anything they have looked after the neighbourhood why dont you try asking the neighbours that live there.. oh know because then the public will see whos lying is that not right. lying is how HNZ lowerhutt work.. I know from experience what lyers they can be untill they get caught on cell phones what a great tool they are. yes there is the odd bad egg but why evict all when they had nothing to do with it just associates. Is that not discrimination hah.

    flo

    September 3, 2009 at 10:43 pm

  4. You’re quite correct Flo, they have lived here a long time. The issue about the mothers and the children for the families eviction by HNZ will be played out in the courts. Is the removal of families from where they lived the right decision?

    huttnz

    September 4, 2009 at 3:44 am

  5. […] given the history of this story, and the expose on the cost to the taxpayers of this matter of a quarter of a […]


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