27 January 2011
Dear Mr Hooper
Thank you for your email of31 December2010toDrLesleyMcTurk,Chief Executive of
Housing New Zealand Corporation, about issues relating to the termination of your
tenancy at 353 Bucklands Beach Road, Bucklands Beach. Dr McTurk has asked me to
reply to your email, and I have looked into the matters that you raise.
In your email you say that Corporation staff have lied under oath, and that your tenancy
was terminated on the basis of incorrect information. However, I have looked into your
allegations and have found no evidence to support them. The Corporation made the
decision to end your tenancy and commence criminal proceedings after an investigation
found that you had failed to declare the true extent of your income while claiming an
You claim to have investigated however you have not contacted our accountants to ascertain what the correct figures were, You have not contacted witnesses who will testify that the damage you claim was done to the house existed prior to us moving in and you have not contacted us to ascertain what parts of the court transcripts show that your staff lied. It seems to me that looking in to the matter was nothing more than asking your own staff internally so therefore it could hardly be seen as unbias and fair.
In New Zealand we follow the Napoleonic Code and more importantly the Code of Criminal Instruction to which a person is presumed innocent until found guilty by a court of law however it appears that not just in our case but others Housing New Zealand feels they have the power to be Judge Jury and Executioner based on whatever information they feel like and without ensuring the correctness of that information.
In your email you also say that Corporation staff have breached the Privacy Act by
refusing to supply you with information that you requested about your tenancy. I
understand that you were provided with this information on 20 January 2011. It may be
helpful if I explain that your original request of 3 November 2010 was understood to be a
request for disclosure under the Criminal Disclosure Act, and was met on 9 November
This to me sounds more like an excuse than anything else, regardless of what we were asking for there is no reason HNZ had to withhold our tenancy information and even to this day they have failed to provide all of this information. Again this is not an isolated incident and we are well aware of others being refused their information.
You also say that the Corporation has charged you for the cost of repairing damage and removing rubbish that you are not responsible for. I can confirm, however, that the charges of $1,430.29 relate only to the cost of repairing damage and removing rubbish relating to the period of your tenancy. This work was required to bring the property to an acceptable standard for re-Ietting. Corporation records show that the property was tidy and in good condition before your tenancy commenced in November 2000.
If these records you claim show the property was tidy and in good condition when it was let are in existence then why have they not been supplied to us as per the request for information under the privacy act? further it is quite clear that the windows you have replaced were all broken when we moved in as I had to repair them myself and covered them over with lexan. This was brought up with our tenancy manager when we first moved in.
Finally, you say in your email that the Corporation has not resolved the problem with water ponding under the house, and has not repaired the remaining defects in the window frames. You may be interested to know that this work has been completed.
This may be the case now but given that while we were in the house the problems were not resolved and given that the photos we have are clearly dated as well as independent witnesses viewed the flooding after the work was completed brings in to question your organisations integrity.
I trust that this information is helpful to you. If you have any further concerns, I invite you to contact Peter Lauina, Housing Services Manager at the Otahuhu Neighbourhood Unit, on (09) 261 5502.
I think any contact would be a waste of time and given that HNZ have failed to communicate as per their customer promise as well as remedy the damage to my property caused by your contractors it is prety clear where your organisation sits.