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Pomare Eviction continues – How long now? The never ending story of Farmer Crescent

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The media reported this morning that the continuing saga around the case of  three Lower Hutt women looks set to continue in their fight to remain in their state houses, despite the Court of Appeal dismissing their case.

The families were issued an eviction notice from their Pomare homes in March last year, but they say they were discriminated against by Housing New Zealand. A ruling by Judge Justice Wild at the time said nothing could change, and the decision to evict remained.

Todays Court of Appeal ruling has upheld the original Tenancy Tribunal , in favour of Housing New Zealand, however, it also pointed out discrimination is a Bill of Rights issue, and therefore not something the tribunal can even consider.

It’s understood the women will now continue to fight their case through the Human Rights Commission.

The never ending story, Im sure their lawyer Liz Hall (at taxpayers expense) is well shall we say, enjoying the journey.

As I have stated before we could have brought the three houses for them by now with the taxpayers money spent, last years video , shows the total then was $250,000 by just Housing NZ.

When will we get a grip on reality, stop proving a point, clogging up the courts, and wasting my money!

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Written by HuttNZ

December 10, 2010 at 11:44 am

Pomare: Farmer Cres tenants last opportunity

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The never ending story continues with another twist

The three Pomare women fighting eviction from their state homes have been given a final opportunity to overturn earlier court rulings that the evictions are lawful.

They sought leave on Wednesday to appeal against a High Court decision which ruled against them.

Their lawyer Liz Hall said the case raised important questions which deserve further consideration.

Housing New Zealand said the women have already been turned down by three courts and there is no need for a fourth hearing.

Justice Wild declined the women’s application for leave to go to the Court of Appeal but he acknowledged they can still make a special application to that court.

He says if that is not made by 25 November, the women will be required to vacate their homes on 4 December.

 

Written by HuttNZ

November 5, 2009 at 1:57 am

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Pomare: Farmer Cres the never ending story

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Well I had my walk around Farmer Crescent as I said I would, and my opinion is the same as I had before I went, a pocket of forgotten people. But now todays headline shows the continuance of the story around the HNZ eviction which by now in my opinion has reached the point of a legal never ending story, how long can this saga go on             (via Stuff)

Gang-linked families in Lower Hutt’s Farmer Cres will get to stay in their homes for a few more days, as another round of legal wrangles begins.

For three months Housing New Zealand has battled to evict three women residents and their 13 children through the Tenancy Tribunal, district court and the High Court – costing the government department tens of thousands of dollars in legal fees.

The residents’ lawyers were now trying to go to the Court of Appeal, and there was the possibility they could go all the way to the Supreme Court.

Though the women – who have partners in the Mongrel Mob – were ordered to leave their homes by midnight yesterday, the evictions were put on hold for a hearing in the High Court at Wellington on Wednesday.

Farmer Cres resident Patria Tamaka, whose sister Huia Tamaka was one of the women facing eviction, said they were expecting police or the army to turn up any time to remove them. But they had not started packing.

“We’ll keep going and going until we get to the Supreme Court. The girls all know that. [Housing NZ] are not backing down and we don’t want to leave.”

I think most people are well over this story and I was aghast at the cost for this saga  put at $250,000 before they went to the High Court, now it will reach epic proportions. It shows again, the tolerance of our legal system or the incompetence. Other NZers are more deserving of this legal aid, after all, when all said and done its about moving house. Go figure!  

 

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October 30, 2009 at 8:13 pm

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Pomare: High Court Judge throws out tenants from Farmer Cres

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High Court Judge John Wild has thrown out an appeal by the three women with gang connections who face eviction from their Pomare homes in Farmer Crescent.

Justice John Wild said he saw no error of law in the decisions of the district court or the tribunal court, and his decision reaffirms those outcomes. He ordered the women to leave the properties by midnight on October 30.

Justice Wild ordered HNZ to pay costs for both sides of the case because “it was a test case that would be of general benefit to HNZ”.

via NZPA

So its all on in Pomare now no doubt. I’m expecting the worst, from protests, to armed Police intervention. The media will love this. As I expected Justice Wild had no option, but unfortunately given the timeframe till the end of October plenty of time for some protest action to take shape. A peaceful outcome I do not see.

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October 9, 2009 at 4:49 am

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Pomare: Court Bailiffs to support Farmer Crescent evictions

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Well, given the history of this story, and the expose on the cost to the taxpayers of this matter of a quarter of a million dollars for security, time and lawyers there was no doubt that Housing NZ will be approaching the final outcome of this story with the full force of the law and its support network.

Expect a media scrum, and a lot of posturing by those involved as the issue around these Farmers Cres residents is finally brought to a head. This will make a media dream, woman evicted with their families while the cameras roll, oh the drama!

The only alternative is a High court appeal, and I guess you and me the taxpayer (if it occurs) will be paying for that as well, say another quarter of a million. I’ve always wondered how does one get its case to the High court, if one can’t afford it oneself. Anyway let the show begin…

Court bailiffs are to be sent to a Mongrel Mob enclave in Lower Hutt as Housing New Zealand readies itself to evict tenants.

Five families were issued with 90-day tenancy termination notices in March following gang intimidation in Farmer Crescent.

Three unsuccessfully took their case to the Tenancy Tribunal and a District Court appeal has also been rejected.

The tenants have continually refused Housing New Zealand’s help to find alternative, private accommodation.

Chief executive Lesley McTurk says the corporation hopes to meet the families this week but will also be referring the matter to bailiffs to enforce possession orders on the houses.

Ms McTurk says Housing New Zealand is confident of its position and will pursue the matter further if the tenants appeal to the High Court.

via Radio New Zealand

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September 29, 2009 at 11:35 am

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Lower Hutt: Housing battle at Farmer Cres cost New Zealand more than $250,000

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Housing battle costs NZ $250,000 (Source: ONE News)ONE News

The battle to evict a group of state house tenants with gang connections in Lower Hutt’s troubled Farmer Crescent, has cost taxpayers more than a quarter of a million dollars.

In March, Housing New Zealand gave five tenants who are either the partners or friends of Mongrel Mob members, three months to leave their state houses.

However the move has promoted allegations of gang intimidation, and now Housing New Zealand is paying up to protect the property.

Figures obtained by ONE News show legal costs have reached at least $15,000 whilst installation and monitoring of security systems have cost around $13,500.

But the biggest cost has been community security patrols that have cost more than $56,000 and security guards that have cost more than $230,000.

Housing New Zealand says security is part of their business where they have troubled communities.

This no doubt explains the presence of security personal outside of HNZ offices at Lower Hutt in recent months, 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 political correctness getting in the way of protecting others from their rights, that is normal citizens. I’m quite sure Michael Laws if in charge of HNZ might have the issue resolved by now!

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September 2, 2009 at 1:39 am

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Pomare evictions (Farmer Cres) to appeal Court decision

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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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July 31, 2009 at 2:52 am

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Lower Hutt Gang linked Farmer Cres households take legal action

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Gang-linked households facing eviction from Lower Hutt’s troubled Farmer Cres are taking legal action to avoid being forced out.

They have also lodged a complaint with the Human Rights Commission, claiming the forced eviction bid unfairly punishes women and up to 16 children.

Tenants in five state houses in the street were given 90 days to leave by Housing New Zealand in March after claims of intimidation by Mongrel Mob members living at the addresses.

“No-one’s packed and no-one’s going to move,” an affected resident told The Dominion Post yesterday. “Housing NZ can’t do this. They can’t get rid of us before [the Mongrel Mob members] have had their day in court. That street is our home.”

Police allege three patched Mob members ordered a female neighbour and her two children out of their Farmer Cres home on February 1.

The five women listed on the tenancy agreements, who are understood to be on benefits and may qualify for legal aid, have hired a lawyer to gain an injunction and fight the evictions through the Tenancy Tribunal.

The notices were among the first issued under a Housing NZ plan to deal with its most troublesome tenants. Two weeks ago the tenants filed their complaint with the Human Rights Commission.

Though the tenants had to be out of Farmer Cres by June 1, none were willing to go, the affected resident said.

She claimed her nine-year-old son had been dragged out of bed by armed police during a February early-morning raid and had watched in tears as his father was arrested on the floor.

Three gang members arrested in the raid appeared in Lower Hutt District Court yesterday on joint intimidation charges.

One of the trio is being held in custody and a depositions hearing is scheduled for July. Long-time Farmer Cres resident Patria Tamaka confirmed the women were taking legal action and were prepared to fight the evictions all the way to the High Court if necessary.

Housing NZ’s tough new national policy, designed to sidestep the Tenancy Tribunal, follows a two-year legal battle to get the Salt family dubbed “the neighbours from hell” evicted from an Auckland state house.

A Housing NZ spokesman was unaware of any legal action or human rights complaints from Farmer Cres.

He said the residents had to be out by June. Housing Minister Phil Heatley would not comment on the legal action, saying it was a procedural matter.

Housing NZ came under fire when confidential documents were sent out with the Farmer Cres eviction notices forcing a Housing NZ manager who lived nearby to leave her home.

Labour Maori affairs spokesman Parekura Horomia said Housing NZ’s “monumental botch-up” around the evictions cast serious doubts on its decision making.

“I’m concerned about the effect on the women and children. Housing NZ have really really rushed this.

via Dominion Post

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May 5, 2009 at 8:19 pm

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Pomare: Tenants of Farmers Cres lose out to Housing NZ

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In March this year Housing NZ served 90-day notices to three women living in a Farmer Crescent state housing block after neighbours complained about intimidation, threats and burglary.

Police arrested and charged several Mongrel Mob members as a result of investigations, some of whom were partners of the tenants in question.

The tenants refused to adhere to the eviction notices and the case ended up in the tribunal’s hands.

Housing NZ argued at the Wellington hearing this month that 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.

A lawyer for the tenants, Robert Lithgow QC, argued the evictions were discriminatory and breached the Bill of Rights Act.

In a reserved decision, the tribunal ruled in favour of Housing NZ, but Mr Lithgow told NZPA his clients would appeal against the decision to the District Court.

He said that while technically they could be evicted pending an appeal he would be “very surprised” if Housing NZ did that.

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July 30, 2009 at 8:46 am

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Pomare: Tenants go to Court of Appeal

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The story goes on.

The three women fighting their eviction from their Housing New Zealand homes in Lower Hutt’s Farmer Cres are seeking leave to appeal to the Court of Appeal. The outcome from this ongoing saga was they were told to quit their HNZ houses by 4 December if they did not appeal. Guess what they appealed yesterday, on the last day to do so, as stated by the Justice Wild.

I continue to strugle with this whole sorry saga, the cost earlier this year was put at $250,000, we have now had 2 further calls to the High Court, and now on we go to the Court of Appeal.

No doubt they are taking the matter as far as they are legally allowed, but fairs fair, the cost of all this,  the state could have built 1 and 1/2 houses by now. By the end,  possible have given all three families new homes. But they want to live there. GO FIGURE.

As a side note I see that currently Farmer Crescent is also been looked at for redevelopment, and a possible solution is the removal of the housing present, to be replaced by more modern and appropriate accomodation. Harks back to my discussion on my walk around.

Robyn Winther, Huia Tamaka and Billy Taylor were ordered to quit their homes after threats of intimidation and anti-social behaviour related to their Mongrel Mob partners.

They lost an appeal to the High Court and yesterday filed an application to take the case further.

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November 26, 2009 at 9:16 am

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