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.
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!
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”.
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.
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?
The hearing has been heard and the judge has reserved his decision for the three Lower Hutt families fighting eviction.
Billy Taylor, Huia Tamaka, Robyn Wynther and their children were issued eviction notices from Housing New Zealand in March following a gang-related incident.
The three women have refused to leave their properties in Farmer Crescent Pomare and appeared in court yesterday appealing a decision from the Tenancy Tribunal ordering them out.
Their lawyer Elizabeth Hall says they have been discriminated against because their partners are Mongrel Mob members.
Housing New Zealand lawyer Steve Haszard refutes that, saying the families are being evicted because of their behaviour, not their gang affiliations.