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High Court finds in favour of Housing New Zealand
9 October 2009
The High Court today confirmed Housing New Zealand's right to issue 90 Day Notices to terminate state tenancies.
The Court has dismissed the appeal from a recent District Court decision that upheld Housing New Zealand's right to take possession of three houses in Pomare, Lower Hutt.
"Again we are happy with the High Court's decision dismissing the tenants' appeal and confirming we can reclaim the taxpayers' homes," said Housing New Zealand chief executive Lesley McTurk.
"The Tenancy Tribunal, the District Court and now the High Court have all confirmed Housing New Zealand’s right to issue 90 Day Notices and to take possession of the properties."
Five households were issued with 90 Day Notices terminating their tenancies with Housing New Zealand seven months ago in March this year. This followed severe antisocial behaviour in the community. Two of five tenants left of their own accord prior to the notices expiring on 1 June, while the other three applied to the Tenancy Tribunal arguing the possession orders were unlawful.
The Tribunal dismissed the application and granted possession of the homes to Housing New Zealand. The tenants then appealed the decision to the District Court which also found in favour of Housing New Zealand.
"The High Court's confirmation of our approach means Housing New Zealand can support community safety in areas where there are state homes. We can balance the rights of tenants, with the rights of neighbours," Dr McTurk said.
Justice Wild's decision has given the tenants 21 days to leave the properties. He also directed Housing New Zealand to pay costs of the High Court appeal, given the test case nature of the hearing.
Housing New Zealand still plans to assist the tenants to find alternative accommodation outside of state housing.
Media Contact: Michelle Williams, Senior Communications Advisor, 04 439 3787 or 021 227 9645.
