Pomare: Life Sentence for Murderer

Malcolm Ngeru, 44, unemployed of Taita, had pleaded not guilty to murdering Mihi Tuhoro on July 20 2008. He admitted killing her but said he did not have the intent to do so because he was so drunk, and was instead guilty of manslaughter.

A jury in the High Court in late October 2009 took more than 10 hours to find him guilty of murder. He remanded in custody to and today his sentence was past.

Hutt Valley man Malcolm Ngeru, 43, was jailed for life with a minimum non-parole period of 12 years when he appeared for sentence at the High Court in Wellington after being found guilty in October of murdering his partner Mihi Tuhoro, 48.

via Stuff

Please read the article in Stuff to gain a perspective on this mans actions which are abhorrent. I mentioned in a previous post about the attitude and outcomes of the disenfranchised that seen to be placed in Taita / Pomare by social agencies.

I for one am over the disrespect certain types in our society have toward others. This is a perfect example. Again I hope life, was the true term of his sentence, but feel again that I it won’t be (12 years non parole) I like many others move stronger toward what the Sensible Sentencing Trust advocates, sentences that stand up to their terms, life means life.

Pomare: Farmer Cres tenants last opportunity

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.

 

Pomare: Farmer Cres the never ending story

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!  

 

Pomare: Murder sentence past against resident.

I have been following this story for some time awaiting the outcome of the Trial. Against this is the current situation occurring in Farmer Cres at present and it seems to me the presence of a mentality of those that live there, or by circumstances made to live there.

A man who battered his partner to death then stuffed her body into a wardrobe has been found guilty of murder.

The woman’s family now want an apology from her killer.

Malcolm Ngeru, 44, unemployed of Taita, had pleaded not guilty to murdering Mihi Tuhoro on July 20 last year. He admitted killing her but said he did not have the intent to do so because he was so drunk, and was instead guilty of manslaughter.

A jury in the High Court at Wellington yesterday took more than 10 hours to find him guilty of murder. He has been convicted and remanded in custody to December 11 for sentence.

Ms Tuhoro’s brother, Manuel Tuhoro, who sat through every day of the 2 1/2 week trial, was overwhelmed with emotion.

“A sorry or something would be nice,” he said outside court. “Not even his family is present.”

The jury was told Ngeru and Ms Tuhoro were alcoholics who lived in Lower Hutt’s Farmer Cres in a Housing New Zealand flat.

via Stuff

From my perspective it appears that those that live there are alienated from other social norms, expectations and society in general. I am no bleeding heart liberal in fact I side with quite a bit of what the Sensible Sentencing Trust advocates.

Has the area become such a gang enclave, that without adhering to the gang’s mentality there is no alternative, or is it because they respect that value system more, because it provides individual respect,  income and the chance to get ahead.

In the case of all these indivduals both male and female is their self-esteem so low that they see no alternative to the life they lead? or conversely do our social agencies just place them back into the areas that are familiar to them, I think not in this case alternatives were provided, not accepted, as is the case with the current situation of the residents fight against Housing NZ.

I’m not here to present answers, there are many vastly more qualified than me, but when was the last time you looked at the area around Farmer Cres, Pomare?

To be polite I would call it low socio-economic area, in another term perhaps a ghetto of disenfranchised individuals. I hate the housing that was presented as a solution to low-cost accommodation in the 60s when the Hutt needed low skilled labour. I always felt that the solution with State Housing whether state or local should be spread around amongst other areas rather than high-rise towers and feel it was a British import that was not needed given the ample supply of land at the time. Brixton London, and its problems come to mind.

Where am I going with all this, I don’t know the answers (neither does any of the government agencies) but I am going to walk around Farmer Cres this weekend and see how I feel, rather than drive past without thinking about it.

Pomare: High Court Judge throws out tenants from Farmer Cres

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.

Pomare: Tenants win reprieve again from High Court

The situation over the Housing NZ tenants in Pomare has been very long running.

The current state of play is that the Judge preceding over the case in the High Court has reserved his decision against the Mongrel Mob partners (and family) for eviction.

After losing a battle in the Tenancy Tribunal to hold onto their state houses, the women’s appeal was thrown out by the Lower Hutt District Court earlier this year.

As I mentioned earlier their legal aid-funded courtroom crusade continued in the High Court at Wellington yesterday with the Judge John Wild reserving his decision. No doubt this case and its ramifications for dealing with bad tenants by HNZ is down to statutory interpretation, and would be precedent-setting.  Judge Wild will need to take a lot of guidance on this and will also factor in the media blood bath that would ensue if the matter was forced eviction by bailiffs.

The women’s 90-day eviction period will expire at midnight today, though Justice John Wild discussed extending the period for the tenants to move their things out with lawyers from both sides yesterday.

I think the situation is addressed fully and well by the two articles by  Nicholas Boyack from the Hutt News this week, who conducted in depth interviews with the family concerned and again with Billy Taylor one of the partners of a Mongrol Mob member.

Opinion is pretty widespread across the spectrum on this, from whether these people deserve eviction to them being only victims. Tough one for the Judge, as he has to give the all clear or not, while pandering to all sides of the argument.

What will tomorrows headlines bring?

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

Pomare evictions (Farmer Cres) to appeal Court decision

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.”

 

Pomare: Tenants of Farmers Cres lose out to Housing NZ

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.

Lower Hutt Gang linked Farmer Cres households take legal action

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