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Violence leads to eviction

Anti-social behaviour, unlawful activity cited.


1 December 2021

The violent de-patching of a gang member at a Tokoroa rental property has led to an eviction for the tenant.

Winterson Holdings applied to the tribunal for the eviction of Michelle Tangimataiti from the Manaia St property on the grounds of anti-social behaviour, unlawful activity and assault.

One neighbour told the tribunal he and his partner were leaving because they felt unsafe.

The landlord provided evidence of anti-social behaviour at the premises, including video footage and photos.

Although the videos and photos did not show Tangimataiti assaulting or threatening to assault another person or permitting any other person to do the same, the landlord said that in July he had attempted to serve a second anti-social behaviour notice on her, but was verbally abused and threatened by another person at the house.

The landlord had not been able to serve notices personally to Tangimataiti but had to put them in the letterbox because of hostile behaviour from people she allowed to live in her home.

The evidence included a video of serious gang violence at the property. One video shows a car pulling up to the roadside nearest Tangimataiti’s house. Three men got out and violently assaulted a man, punched and kicked him to the ground, then stomped on him in a gang de-patching. The landlord identified the man as the same man who threatened him in July.

The tribunal says the wider context is important. Winterson Holdings provided evidence of neighbouring tenants being fearful of Tangimataiti and the people she had living in her home. Adjudicator M Steens had spoken to one neighbouring tenant during the hearing.

“He told me he and his partner were leaving because they felt unsafe. It is likely the tenant, or someone the tenant has permitted to reside in the home, will commit a further breach. The individual who made the threat in question is still residing in the home Consequently, the tenancy must be terminated.”

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