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Posts Tagged ‘Pomare

Pomare: Tenants win reprieve again from High Court

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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?

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October 8, 2009 at 12:45 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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Pomare: Judge reserves decision on families fighting eviction

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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.

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September 17, 2009 at 12:38 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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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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