I have received quite a number of comments from people who are a little confused about the situation so have decided to simplify and clarify what is going on. Dates unfortunately are to the best of my recollection as we did not keep records of these events and HNZ have not provided us a copy of our file so we can state an accurate timeline. I asked for this file over 4 weeks ago under the official information act but still nothing is being released to us not even the investigators report. So much for open and transparent government information even when it pertains to our own housing records that by the way is being used against us to evict us.
Some time around 2000/2001 Debbie, Myself and our two boys aged 8yrs and 3yrs were renting a very nice place in Pakuranga however for the safety of our sons we had to move quickly as as the neighbour was going to court over serious charges that unfortunately we did not want to be anywhere near. It was a reluctant move as we had been there for about 3 years.
We were put into emergency accommodation by Raymond Fitsmanu from Housing New Zealand and over the next few years we had a great relationship as our Tenancy Manager, Raymond was aware that I was working from home and even had me help him out with computer problems. It’s a pity no one from Housing NZ nor its investigative team has been able to locate nor talk to Raymond. Which is very useful in their current persecution of the our family. Its interesting the the HNZ investigative team states they have the powers to find all sorts of things but cannot find a ex HNZ employee of <6 years ago. Obviously just not in the brief to persecute and get our family out of this HNZ house.
The first winter after moving in 10 years ago in we found there were several flooding issues which were mostly resolved by Raymond and HNZ, however the persistent flooding under the house was never resolved. The house continued to have considerable mould growth appearing on the inside and outside walls and ceiling of the house. Inside the house was always damp despite us using a heater and burning a considerable amount of power trying to keep the place warm.
At this stage I was not working full time and the income from my radio networks and online business was rather sporadic, thus I volunteered some of my time to community organisations and new business indicatives for building community broadband in the under served communities of Tokaroa and Auckland areas.
Anyone will tell you I am a computer / radio techhead hence not all of my time was charged for and I will always admit that I am not all about commercial gain verses doing what others cannot because I could which isn’t always good for direct commercial results or record keeping. We have always helped others regardless our situation and around 2004 we helped a family get out their feet who had some over from South Africa and ended up with no where to stay. We managed to get a caravan down the back yard for the family of four where they stayed for about a month while they got on their feet.
In 2003/2004 I approached Raymond our HNZ Tenancy manager and explained to him how I wanted to try and build a community wireless broadband network in the area and had his permission to erect an 11m mast on the property that became the foundation for the community wireless network and the development of a unique communications system. HNZ are now prosecuting our family for running this business form the property.
This was reported by the Herald.
HNZ was all good until Raymond left HNZ Panmure and went to work at another HNZ office and subsequently left HNZ around 2007/2008.
At this stage the new HNZ tenancy manager ordered us to remove the 11mtr mast claiming we did not have permission to put it there and we provided proof of us notifying them and what we believed to be HNZ approval and once again outlined how it was being used for our Wireless network business around Auckland.
Once again tried to get other issues resolved with the house such as leaking plumbing, leaking toilet, leaking cistern, flooding under the house, windows that don't close and leak when it rains, the ranch slider that opens out to a 1.2m drop and will not close correctly, excessive mould and rot in the house leaking guttering and the roof as well as many other more minor problems.
In or around 2006 A more immediate problem arose when the hot water cylinder located under the house began to squirt water from the high pressure cold side. This took HNZ some time to resolve despite the leak squirting water over the power outlet located under the house. This outlet however this was not replaced when the cylinder was replaced and to add my safety concerns the side panel on the hot water cylinder had not been installed leaving the electrical contacts exposed.
Some of these problems have been ongoing over the last 7 years and due to the lack of repair have resulted to damage to our own property and loss of things like personal records, clothing and family health issues. Some of the repairs completed by the HNZ cowboy contractors resulted in damage to our property including the splattering cement on my car and a glazier who replaced a window left shards of glass that ended up in one of my kids feet.
Out of frustration in 2010 we tried to get HNZ's management involved and then felt that the only way we were going to get any resolve and that was to take it to the tenancy tribunal. Shortly after filing the applications we got a call from a number of customers from the community wireless network stating they had been contacted by a fraud investigator and that we were being investigated for operating a business from a Housing New Zealand house as well as not declaring income from our business operating from the property.
We fully co-operated with the HNZ investigator having nothing to hide and provided all of the available information we had to them and attended their interviews.
The investigation was apparently concluded as the first we saw was a letter from the Tenancy manager stating the income related rental assessment was being reversed and a arrears invoice for $81,000 and sign here.
We have at no stage been given the opportunity to look at their investigation results nor review nor correct the information they claim to have however in conversation with one of the manager it turns out that the undeclared income is the gross turnover of the business and there seems to be little regard in their figures to the operational costs of the business. I advised the investigator that we were preparing the audited Accounts of the business which would be available to them as soon as they were completed.
Instead The HNZ actions indicates they are using the report to;
1. Evict us from our home.
2. Revoke our income related rent, and backdate the revocation from what we can see to when we moved in and bill us for the difference $81k.
3. Pass the information to the crown and file charges against both my wife and myself with imprisonment terms of 7 years each. Without the right to see and address the information they obtained nor even obtain a copy of our tenancy file so we can show where HNZ was aware of and approved the operation of the business form the property.
Where is the fair and reasonable right of reply to their claims gone in our case?
As for the fairness please keep in mind that at no stage other than being intimidated in to giving a statement and even applying for information under the privacy act as well as HNZ's claim that due process would have seen us having been given a copy of the investigation results so we could correct any problems have we ever seen any information from them.
We have been honest and forthcoming with information to the HNZ investigator however this information seems to have been ignored and this is clear by some of HNZ's claims being made.