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Court orders rehearing of Salt family eviction case
Central Leader | Wednesday, 17 September 2008
Central Leader | Wednesday, 17 September 2008
A woman whose family was accused of terrorising their Mt Albert street will face another eviction attempt by Housing New Zealand.
The Auckland District Court has ordered the Tenancy Tribunal to rehear the case against Range View Rd resident Sharon Salt.
Last June, the tribunal ruled there was not enough evidence to evict Mrs Salt, despite complaints from neighbours of violence and intimidation from the property.
Several of Mrs Salt’s nine children were involved in the incidents raised at the hearing.
Housing New Zealand successfully appealed the decision in court last month and the rehearing will look at the original eviction application.
"This judgement is significant for all residential landlords," says Housing New Zealand operations director Celia Patrick.
"It quashes a ruling by the Tenancy Tribunal that, if left in place, could have altered the legal balance between a tenant’s rights and a neighbour’s rights."
Corporation lawyer Nick Flanagan argued the tribunal had erred in the way it ran last year’s hearing and the way it applied the law to the case.
Ms Patrick says the judgement has provided valuable guidance on what the tribunal needs to consider in future cases when deciding if a tenant’s behaviour is causing significant disturbance to the neighbourhood.
"Housing New Zealand has an obligation to some 200,000 New Zealanders who live in state homes, and the communities around them, to play a leadership role in helping to define the rights and obligations of tenants and neighbours.
"That has been achieved in this case."
Neither Mrs Salt nor her lawyer Jeremy Sutton would comment on the appeal outcome.
The tribunal has yet to set a new hearing date.
The Auckland District Court has ordered the Tenancy Tribunal to rehear the case against Range View Rd resident Sharon Salt.
Last June, the tribunal ruled there was not enough evidence to evict Mrs Salt, despite complaints from neighbours of violence and intimidation from the property.
Several of Mrs Salt’s nine children were involved in the incidents raised at the hearing.
Housing New Zealand successfully appealed the decision in court last month and the rehearing will look at the original eviction application.
"This judgement is significant for all residential landlords," says Housing New Zealand operations director Celia Patrick.
"It quashes a ruling by the Tenancy Tribunal that, if left in place, could have altered the legal balance between a tenant’s rights and a neighbour’s rights."
Corporation lawyer Nick Flanagan argued the tribunal had erred in the way it ran last year’s hearing and the way it applied the law to the case.
Ms Patrick says the judgement has provided valuable guidance on what the tribunal needs to consider in future cases when deciding if a tenant’s behaviour is causing significant disturbance to the neighbourhood.
"Housing New Zealand has an obligation to some 200,000 New Zealanders who live in state homes, and the communities around them, to play a leadership role in helping to define the rights and obligations of tenants and neighbours.
"That has been achieved in this case."
Neither Mrs Salt nor her lawyer Jeremy Sutton would comment on the appeal outcome.
The tribunal has yet to set a new hearing date.
MICHAEL FIELD
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