High Court decision for elderly tenant is mixed message
High Court decision for elderly tenant published yesterday is a mixed message
The High Court has published its decision to Niki Rauti’s case against Tāmaki Regeneration Ltd. The judge agreed with Niki on two counts:
• That Housing New Zealand failed to comply with section 43 of the Residential Tenancies Act in that when HNZ sold her home they did not tell her correctly who her home had been sold to; and
• That Tāmaki Regeneration Ltd. failed to comply with section 15 in that Niki was not properly notified of who was the real owner of her home.
Despite these breaches of the law, the judge ruled against Niki and she can now be evicted by the company.
Lisa Gibson, member of the Glen Innes community and community housing group, the Tāmaki Housing Group, says, “it is woefully inadequate that neither a government company nor a big company who comes into our community claiming it cares for its tenants cannot meet their legal obligations, nor adequately advise vulnerable and elderly tenants.
“It is also concerning that these mistakes are most likely made in relation to the other 2,800 state houses that were transferred from HNZ to Tāmaki Regeneration in April 2016.”
Niki Rauti, elderly tenant at the former state house 14 Taniwha St, Glen Innes, took Tāmaki Regeneration Ltd. to the High Court last Thursday to argue that the eviction order was unlawful.
Tāmaki Regeneration Ltd. is a company set up by the government in their privatisation agenda by way of taking state housing out of the public sector. Tāmaki Regeneration is responsible for evicting tenants, while Tāmaki Redevelopment Company is responsible for demolishing the emptied homes and selling the land to private property development companies. Tāmaki Housing Association Limited Partnership who manages the tenancies is another part of the redevelopment and is currently being sold on the private market.
Niki vows to fight on and says, “I am deeply disappointed that while the law has not been followed, these breaches are disregarded and there appear to be no consequences for those in power. We will continue this struggle to protect our community and the vulnerable people including our sick and elderly. We intend to to appeal this decision”
Tāmaki Housing Group and Niki’s supporters remain committed to continuing the fight alongside Niki and intend to appeal the position. The occupation at Niki’s has begun and will continue until we stop Niki’s eviction.