David Farrar: Kainga Ora slipping again

The Herald reports:

A woman’s 14-year-old grandson was nearly mowed down by her neighbour’s car, while her son was threatened with a machete.

Now an elderly Tongan woman has gone to the Tenancy Tribunal after Kāinga Ora refused to terminate her tenancy despite the woman living in “constant fear” of the family next door. …

She and her son had reported the behaviour to Kāinga Ora numerous times during the tenancy but their response had always been to tell her and her family to keep to themselves and not engage with the neighbours. …

Kāinga Ora said it had considered whether it could terminate the neighbour’s tenancy under section 55A of the Residential Tenancies Act (termination for assault) following the machete incident, but ultimately determined it could not do so because the neighbouring tenant herself was not home and the male at the address was not a listed tenant and had threatened this tenant’s son and not the tenant herself.

This is disappointing. Generally Kainga Ora has got better at dealing with abusive tenants, but this case shows they still have work to do.

They seem to hide behind a technically that the threats came from the tenant’s partner or friend, and were aimed at the other tenant’s son.

The organisation was also unable to apply to terminate the tenancy for antisocial behaviour as there had not been three incidents within a 90 -day period.

Three within a year would be a better test.

Tribunal adjudicator Melissa Allan said the tenant had been “left in a very difficult situation”.

“She has not felt free to move about her property, often remains inside, and has been subjected to unreasonable levels of noise, rubbish being thrown, screaming and yelling and threats being made to her family members.

“The landlord should have filed an application to terminate the neighbouring tenancy. It is not necessary for criminal charges to be proven or even laid.

“The landlord only needed to prove, to the civil standard, that the tenant has been interfering with the reasonable pace, comfort and privacy of the tenant and that the breach is of such a nature and of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.”

By failing to take steps the landlord had breached its obligations, she said.

Kāinga Ora was ordered to pay the tenant $5000 in compensation for breach of landlord’s obligations and was looking to transfer the tenant to a tenancy that is more suited to her current health needs.

The Tenancy Tribunal got it right. It is unfortunate Kainga Ora didn’t.

David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders