We were in court a couple of weeks ago and finally it seemed that the Judge realized just how much of a crock this case is. The summary of accounts still had not been done and the index of evidence had not been received. In addition he asked the question as to How HNZ had laid the charges without having first done the summary of accounts and if they just laid the charges in the hope that we were going to plead guilty.
He made an order for the documents to be produced and stated that if these were not provided he would be open to a request from us to have the charges dismissed.
Today we had the a hearing to see if this had happened and, 2 days ago we received the summary of accounts however I have not yet seen them so have no idea what they/it is. In addition we have been informed that they can not provide the index of evidence as there is none. Now we have the summary of accounts we can move forward and have a forensic accountant look at the figures.
We asked for time to do this however the Judge stated that a fixture of 4 days has all ready been set and that this was not going to be changed. We have 2 months to deal with this and I am quite concerned that this will not be enough time. However from their summation in court the figures are pretty dismal.. Given that we know HNZ are trying to get a conviction their figures are going to be based in favor of a conviction. The prosecutor in summary told the judge that the income derived over this time was $43K. that's a combined income.... 3 kids, 2 adults. the figures my accountant has come up with differ from this greatly however even working on these figures and recalculating the income based on their figures their total claim is not correct.
We have also received a claim against us from Baycorp for 81K as HNZ have now lodged the debit regardless of the fact this has not been to court. Oh and yes the person who lodged the claim with baycorp was our wonderful ex tenancy manager who kicked this whole vexatious thing off Katrina O'Conner.
A count of problems that we have had dealing with Housing New Zealand, Tennancey Services and the New Zealand Legal System.
Showing posts with label Housing. Show all posts
Showing posts with label Housing. Show all posts
Wednesday, December 21, 2011
Monday, June 27, 2011
I was shocked to see this.
http://nz.news.yahoo.com/video/watch/25753816/
It seems to me that these guys just dont get it, It is all well and good for the haves to pass judgement on the havenot's and to try and shove people in to their own little category but that is not the way the real world works.
I do not deny there are some instances where people are abusing the system but from what we have seen and experanced there are more HNZ and SOE workers who are milking the government not to mention contractors who seem to be charging and putting in claims for work that either has not been done correctly or charges that have been balooned and are unreasonably excessive.
How about HNZ fix its internal strcuture first and make sure your staff adhere to the correct process and proceedure then look at your tennants. A problem exists and unless you deal with that problem at the core you are wasting time and valued resources not to mention putting the New Zealand people who you are supposed to be serving under undue stress.
And before any HNZ Associate or employee tries to take a swipe about unfounded allegations as I have previously stated I have evidence that shows your processes have not been followed on more than one account not to mention the other evidence where your staff have breached their duties and made false claim (including in court and while under oath).
Tuesday, March 22, 2011
Court Proceedings
Yesterday my wife and I were in court regarding our appeal on the Adjudicators ruling that resulted in HNZ not having to pay for repairs we had done to the house, causing damage to our property and in our view misleading the adjudicator.
Given that HNZ have laid criminal charges against us we felt that as there is evidence that would be beneficial to us in the criminal matter rather than bringing this information to light in the civil matter we would vacate these proceedings and deal with it at a later date once the criminal matters are resolved.
The Judged hit us for $300.00 costs and had we known that we would be liable for costs we would not have done this however as we have tried to get legal assistance and to date not been able to we were none the wiser.
However while waiting out side the court rooms our ex tenancy manager meet with another person who I believe to be a tenancy manager from another region. They proceeded to discuss the cases they were working on including various matters that were completely unrelated to this appearance such as what my wife and I believe was information about our criminal case. Keep in mind that this discussion is going on within a public area and at one stage was taken out side in the courtyard.
From their conversation I was able to ascertain that the other tenancy manager was there for one of her tenants. I later managed to catch up with this tenant and had a discussion with them about their case. I found there to be quite a number of similarities in the way our cases had been handled and the attitude of HNZ to run in guns blazing as I feel they have done in our case with little regard for the facts or the procedure that has been set down for them to follow.
Unfortunately the lady we meet with has not been able to get legal representation to assist her and has also been evicted from her house. I do not know the full story behind her case and have my own problems to deal with but there was enough there to reinforce the view I currently hold of HNZ and their so called procedure.
I have spoken to the office of the Privacy Commissioner and have confirmed with them that the conversation that took place outside of the court rooms may be another breach in the privacy act but given that HNZ has not been held accountable for their previous breach I wonder if its even worth wasting my time and making another complaint.
Given that HNZ have laid criminal charges against us we felt that as there is evidence that would be beneficial to us in the criminal matter rather than bringing this information to light in the civil matter we would vacate these proceedings and deal with it at a later date once the criminal matters are resolved.
The Judged hit us for $300.00 costs and had we known that we would be liable for costs we would not have done this however as we have tried to get legal assistance and to date not been able to we were none the wiser.
However while waiting out side the court rooms our ex tenancy manager meet with another person who I believe to be a tenancy manager from another region. They proceeded to discuss the cases they were working on including various matters that were completely unrelated to this appearance such as what my wife and I believe was information about our criminal case. Keep in mind that this discussion is going on within a public area and at one stage was taken out side in the courtyard.
From their conversation I was able to ascertain that the other tenancy manager was there for one of her tenants. I later managed to catch up with this tenant and had a discussion with them about their case. I found there to be quite a number of similarities in the way our cases had been handled and the attitude of HNZ to run in guns blazing as I feel they have done in our case with little regard for the facts or the procedure that has been set down for them to follow.
Unfortunately the lady we meet with has not been able to get legal representation to assist her and has also been evicted from her house. I do not know the full story behind her case and have my own problems to deal with but there was enough there to reinforce the view I currently hold of HNZ and their so called procedure.
I have spoken to the office of the Privacy Commissioner and have confirmed with them that the conversation that took place outside of the court rooms may be another breach in the privacy act but given that HNZ has not been held accountable for their previous breach I wonder if its even worth wasting my time and making another complaint.
Sunday, February 13, 2011
Equal Opportunities
Well there has been a few developments of late, however until we get to court I am a little reluctant to release some of the info as, although it's likely to be pretty embarrassing to HNZ I would rather not release it for HNZ to cook up an excuse for their actions.
However something that may interest the public is that it is a well known fact that we had tried to build a small business in order to try and get ourselves out of the hole we were in and into a self sufficient situation and that, as a result of a large council reneging on an agreement, we were left with a business that was not viable and was only just covering its costs.
We have also bore the brunt of some abusive trollers via this blog and been accused of all sorts of things, however the fact remains that out family is not well of and we are not making ends meet as we had hoped to after moving out of the substandard accomidation we've had, for the last 10 years, been forced to live in.
After we moved out, however, it appears that HNZ have now repaired the various issues we complained about and put a nice family into the house. They own a really flash late model holden and an exceptionally flash Harley Davidson.
Meanwhile we struggle to keep out heads above water. It looks like the boys will have to give up scouts as we are having problems even getting together enough money for their school stationary let alone other bills. Some may say how about getting child support and the other assistance, however have you ever tried getting this assistance when your already on the end of a government agenceis big stick.
However something that may interest the public is that it is a well known fact that we had tried to build a small business in order to try and get ourselves out of the hole we were in and into a self sufficient situation and that, as a result of a large council reneging on an agreement, we were left with a business that was not viable and was only just covering its costs.
We have also bore the brunt of some abusive trollers via this blog and been accused of all sorts of things, however the fact remains that out family is not well of and we are not making ends meet as we had hoped to after moving out of the substandard accomidation we've had, for the last 10 years, been forced to live in.
After we moved out, however, it appears that HNZ have now repaired the various issues we complained about and put a nice family into the house. They own a really flash late model holden and an exceptionally flash Harley Davidson.
Meanwhile we struggle to keep out heads above water. It looks like the boys will have to give up scouts as we are having problems even getting together enough money for their school stationary let alone other bills. Some may say how about getting child support and the other assistance, however have you ever tried getting this assistance when your already on the end of a government agenceis big stick.
Thursday, January 27, 2011
Letter from Director of Government Relations Housing New Zealand
I will comment in line on these matters as that way it will keep things to the point and clearly categorised.
27 January 2011
Dear Mr Hooper
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.
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.
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.
Labels:
Condensation,
Court,
Customer Promise,
Dr Lesley McTurk,
eviction,
False Claim,
HNZ,
Housing,
Housing New Zealand,
Human Rights,
ICESCR,
Lies,
Pergury,
Privacey,
Rental,
Tennancey,
Transcript
Tuesday, December 21, 2010
Damage to your home - paying for repairs
On the 20th December 2010 we received a letter from Housing New Zealand claiming we had damaged the property and informing us that we had to pay $1430.29 by the 24th December. Clearly this is an early Christmas present from the government department to cap off the other vexatious actions they are taking.
When we moved in to the house some 10 years ago the house was not exactly in tiptop condition and, given our circumstances, was our only option so we accepted it. We had a reasonable relationship with our tenancy manager and over time some problems were resolved. As would be the case with any tenancy or landlord we liaised with him and sought his permission before doing anything to or in the house.
Housing New Zealand however has continued with their relentless persecution of our family in what appears to be a common practice to extort money from those in need. There seems to be a great lack of checks and balances to ensure fairness and equality and little interest in sticking to their charter and customer promise let alone the enactments of government put in place to protect tenants.
At this stage I am hesitant to comment on a completely itemised list of what they are claiming and as to the evidence we have that rebuts their claim due to the fact we have not decided as to what action we need to take to deal with this albeit via the tenancy tribunal, district court or government ombudsman and if criminal charges will be laid against them.
I am also mindful that Housing New Zealand as we have seen are a large government sanctioned organisation and that they have an endless budget and resources to throw at people as they have been doing to us to make people’s lives a living hell.
To give you an idea as to the pettiness of the matter in, Bucklands Beach we use recycle bins and these are collected every 2nd Thursday. We moved out a week prior to the collection, and all that was required was on the Thursday after the next, the bin needed to be put on the side of the road for collection. HNZ charged us for the removal of this as well as the removal of bricks and other things that were at the property when we moved in.
These actions pretty clearly support my claims that Housing New Zealand have been using their position to victimise our family and relentlessly cause us as much grief as they can and regardless of the fact that we were forced to move out due to Housing New Zealand not adhering to the work order set by the tenancy tribunal and purposely misleading the courts and the tribunal.
And what does the government have to say about this? Well at present the only thing we have been told is that this is an operational matter with Housing New Zealand.
Labels:
Adjudicator,
Commitments,
Court,
Customer Promise,
Dr Lesley McTurk,
eviction,
False Claim,
HNZ,
Housing,
Housing New Zealand,
Katrina O'Conner,
Pergury,
Rental,
Tennancey Manager,
Tribunal
Monday, December 13, 2010
Due Process
Over the weekend we were going over some of the information HNZ have provided and the information provided is definitely not full disclosure, but then this really comes as no surprise.
But while going over these details I re-read our legal aid application and it struck me that the system is clearly broken.
HNZ have a full time investigations team working to rake up any and all information and prepare a case that is then handed over to the crown. This investigative process, as we have been told, is extremely thorough and leaves no stone unturned, and has the backing of legislation so as to ensure all information is available to it.
The costs involved in running such a team must be huge and having a dedicated investigator work on a specific case for several months would not be cheap.
Then the report is prepared and HNZ have a meeting with the crown prosecutors office who seem to have an unlimited budget and can afford to call whatever experts they choose in to give opinion as well as continue the investigative process to prove your guilt.
Now someone who is on a low income such as us really only have Legal Aid to assist us and unlike the crown these guys draw a line in the sand only allocating a specific amount of hours to the lawyer to work on the case and only providing a certain amount of money to lodge a defense.
So you have a machine with an endless budget and unlimited funds going up against someone who has very limited resources, and people expect that person to be able to prove their innocence as this definitely seems to be the case these days because, without proving their case, HNZ have invoiced us for what they believe is the shortfall in rent, revoked our rental assessment and evicted us.
In addition to this the Prosecution seems to be able to pick and choose what it supplies as evidence and not have to hand up the details, warts and all. In a way I would say this is customizing the evidence to meet the allegation's.
But while going over these details I re-read our legal aid application and it struck me that the system is clearly broken.
HNZ have a full time investigations team working to rake up any and all information and prepare a case that is then handed over to the crown. This investigative process, as we have been told, is extremely thorough and leaves no stone unturned, and has the backing of legislation so as to ensure all information is available to it.
The costs involved in running such a team must be huge and having a dedicated investigator work on a specific case for several months would not be cheap.
Then the report is prepared and HNZ have a meeting with the crown prosecutors office who seem to have an unlimited budget and can afford to call whatever experts they choose in to give opinion as well as continue the investigative process to prove your guilt.
Now someone who is on a low income such as us really only have Legal Aid to assist us and unlike the crown these guys draw a line in the sand only allocating a specific amount of hours to the lawyer to work on the case and only providing a certain amount of money to lodge a defense.
So you have a machine with an endless budget and unlimited funds going up against someone who has very limited resources, and people expect that person to be able to prove their innocence as this definitely seems to be the case these days because, without proving their case, HNZ have invoiced us for what they believe is the shortfall in rent, revoked our rental assessment and evicted us.
In addition to this the Prosecution seems to be able to pick and choose what it supplies as evidence and not have to hand up the details, warts and all. In a way I would say this is customizing the evidence to meet the allegation's.
Thursday, December 9, 2010
Acceptable by Housing New Zealand Standards
Yesterday I drove past the old place and spotted from the street that the wall paper has now been stripped from the walls. This is the same wallpaper that HNZ stated that was acceptable by HNZ standards.
Speaking with our next door neighbor he said that some woman from HNZ had been over and asked them to keep an eye on the place over Christmas as it was likely they would not be able to get anyone in there until the new year.
She further stated that if any vehicle was seen on the property he was to immediately call the police.
Speaking with our next door neighbor he said that some woman from HNZ had been over and asked them to keep an eye on the place over Christmas as it was likely they would not be able to get anyone in there until the new year.
She further stated that if any vehicle was seen on the property he was to immediately call the police.
Labels:
Commitments,
Condensation,
Damp Enviroment,
Dampness,
eviction,
HNZ,
Housing,
Housing New Zealand,
Katrina O'Conner,
Lies,
Police,
Rental,
Tennancey,
Tennancey Manager
Thursday, December 2, 2010
HNZ Staff not being treated with respect?
Well how can HNZ staff expect to be treated with respect when they don't treat their tenants with respect. I am in two minds after reading this article outlining that HNZ has used "Bully Boy Tactics" on its staff but given that their staff have treated us in a less than reasonable manner over the years it comes as no surprise.
If the organisation is so inept then why are they not being held accountable to the public and why are they being given so many powers when it is very clear that these powers are often being misused,
http://msn.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10691378&ref=rss
This organisation seems to have forgotten what it was set up for and is being run by what I can only describe as power hungry little Hitlers. Yes HNZ I do know you are regularly checking these blogs and you did hear me right. It may also interest you to know there is a lot of international interest in the blog as well as many New Zealanders.
If the organisation is so inept then why are they not being held accountable to the public and why are they being given so many powers when it is very clear that these powers are often being misused,
http://msn.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10691378&ref=rss
This organisation seems to have forgotten what it was set up for and is being run by what I can only describe as power hungry little Hitlers. Yes HNZ I do know you are regularly checking these blogs and you did hear me right. It may also interest you to know there is a lot of international interest in the blog as well as many New Zealanders.
Friday, November 26, 2010
Long Term Mould Problems
I have stated before in the blog that I suffer from depression and various other health issues and its all very well going to the doctor to get poked and prodded however there is only so much a doctor can do and test for.
Prior to moving in to the HNZ house we know for a fact that I did not suffer from depression or many of these other issues some of which have not been able to be checked out as I can not afford to run to the doctor every day.
During our 10 year stay in the HNZ house we know that I have been diagnosed with chronic depression, have had repetitive nose bleeds usually in the morning, fungal infections and man many other issues.
There now seems to be pretty conclusive evidence that mould can cause depression and many other problems. http://www.sciencedaily.com/releases/2007/08/070829162815.htm
The above link is only one of the many web sites that state this however even our own OSH documentation seems to back this up.
HNZ were alerted for these issues years ago but did nothing and from the information I have found it seems that the damage caused is not reversible. Thanks HNZ.
Prior to moving in to the HNZ house we know for a fact that I did not suffer from depression or many of these other issues some of which have not been able to be checked out as I can not afford to run to the doctor every day.
During our 10 year stay in the HNZ house we know that I have been diagnosed with chronic depression, have had repetitive nose bleeds usually in the morning, fungal infections and man many other issues.
There now seems to be pretty conclusive evidence that mould can cause depression and many other problems. http://www.sciencedaily.com/releases/2007/08/070829162815.htm
The above link is only one of the many web sites that state this however even our own OSH documentation seems to back this up.
HNZ were alerted for these issues years ago but did nothing and from the information I have found it seems that the damage caused is not reversible. Thanks HNZ.
Labels:
Condensation,
Damp Enviroment,
Dampness,
depression,
HNZ,
Housing,
Housing New Zealand,
Leaking Window,
mould,
Rental,
Rotting,
stachybotris,
suicide,
Window Frame,
Wood Rot
Tuesday, November 23, 2010
Handed over the keys
We handed the keys to John Heaton who is the HNZ tenancy manager assigned by HNZ to work with us on the handover. While there he was taking photos of pretty much every scratch spot and pinprick so i suspect that although we had moved in the house some 10 years ago and the house was not in great condition when we moved in with windows broken, wall paper torn and other issues we aer going to get blamed for these issues.
But its great to finally be in a house that does not have these problems and is not so full of mould it causes health problems.
While we were doing the walk around I did capture some video of John opening the cupboards that were not repaired correctly and fell off after HNZ replaced them. as well as a few interesting comments regarding the state of the mould and paint that was flaking off the ceiling and other issues such as the rotten window frames that the tenancy tribunal stated should have been repaired in their order to HNZ.
But its great to finally be in a house that does not have these problems and is not so full of mould it causes health problems.
While we were doing the walk around I did capture some video of John opening the cupboards that were not repaired correctly and fell off after HNZ replaced them. as well as a few interesting comments regarding the state of the mould and paint that was flaking off the ceiling and other issues such as the rotten window frames that the tenancy tribunal stated should have been repaired in their order to HNZ.
Labels:
Adjudicator,
Commitments,
Condensation,
Dampness,
HNZ,
Housing,
Housing New Zealand,
mould,
Recording,
Rotting,
stachybotris,
Tennancey,
Tennancey Manager,
Window Frame,
Wood Rot
Monday, November 22, 2010
A visit from David Collings
Tonight I meet with David Collings at our old Bucklands Beach Road residence as we will be handing the keys over to Housing New Zealand tomorrow at 2PM and will no longer have access to the place.
I contacted Mr Collings as we felt that its all very well having Photos of the mould and various problems within the house that we have been living with for the 10 years we have been there but these do not describe dampness and smell in the house caused by the mould.
Mr Collings has agreed to be witness to the smell and other problems encountered and his testimony will only go to further solidify our claims that we were being forced to live in a sub standard house with little regard for our health and the safety of our children.
It is clear the Housing New Zealand believe that this house is according to them acceptable however I can guarantee that they will completely revamp it before it is given to any one else.
I am still very concerned as to what the long term exposure to the mould spores and the toxins in the house are going to be on both myself and my family and given that I was suffering from nose bleeds every morning however after having left have not had one instance its pretty clear that something nasty has been going on.
I am still finding myself short of breath but hope that over time this will get better.
I contacted Mr Collings as we felt that its all very well having Photos of the mould and various problems within the house that we have been living with for the 10 years we have been there but these do not describe dampness and smell in the house caused by the mould.
Mr Collings has agreed to be witness to the smell and other problems encountered and his testimony will only go to further solidify our claims that we were being forced to live in a sub standard house with little regard for our health and the safety of our children.
It is clear the Housing New Zealand believe that this house is according to them acceptable however I can guarantee that they will completely revamp it before it is given to any one else.
I am still very concerned as to what the long term exposure to the mould spores and the toxins in the house are going to be on both myself and my family and given that I was suffering from nose bleeds every morning however after having left have not had one instance its pretty clear that something nasty has been going on.
I am still finding myself short of breath but hope that over time this will get better.
Labels:
Commitments,
Condensation,
Damp Enviroment,
Dampness,
eviction,
Flooding,
HNZ,
Housing,
Housing New Zealand,
Human Rights,
Leaking Window,
Rental,
Rotting,
stachybotris,
Wood Rot
Tuesday, November 16, 2010
Mould is Mould
I think it is pretty clear that the HNZ house we have been living in has quite a bit of mould that has been caused by the flooding under the house creating a damp environment. The mould is not just on the walls and ceiling but is also in the new underfloor insulation recently installed.
Now I was under the impression that i only had to worry if the mould was Stachybotrys but it turns out that this is not the case and that I had been feed a bit of a red hearing. Mould is Mould and although Stachybotrys produce toxic compounds all moulds should be treated the same according to OSH, and from the CDC's website in the US its pretty clear that any mould can pose a health risk.
http://www.level.org.nz/health-and-safety/mould/
http://www.cdc.gov/mold/stachy.htm#Q7
While living in this house every morning I would wake with a blood nose, problems breathing and quite often it would feel like I was breathing with a plastic bag over my head and something sitting on my chest. I would often after waking be pretty lethargic and my motivation over the last 3 years had pretty much vanished. In addition to all this I was diagnosed with a Petty high level of depression.
Now according to Housing New Zealand this house is acceptable to them.
Its only been a week in the new place we have moved to and I have not had one blood nose other than the first night here and not had one headache. I am hoping that breathing gets a little better and some of the other issues sort themselves out in the near future.
I will be sure to take some recent photos of the mould and publish these before we hand over the house.
Now I was under the impression that i only had to worry if the mould was Stachybotrys but it turns out that this is not the case and that I had been feed a bit of a red hearing. Mould is Mould and although Stachybotrys produce toxic compounds all moulds should be treated the same according to OSH, and from the CDC's website in the US its pretty clear that any mould can pose a health risk.
http://www.level.org.nz/health-and-safety/mould/
http://www.cdc.gov/mold/stachy.htm#Q7
While living in this house every morning I would wake with a blood nose, problems breathing and quite often it would feel like I was breathing with a plastic bag over my head and something sitting on my chest. I would often after waking be pretty lethargic and my motivation over the last 3 years had pretty much vanished. In addition to all this I was diagnosed with a Petty high level of depression.
Now according to Housing New Zealand this house is acceptable to them.
Its only been a week in the new place we have moved to and I have not had one blood nose other than the first night here and not had one headache. I am hoping that breathing gets a little better and some of the other issues sort themselves out in the near future.
I will be sure to take some recent photos of the mould and publish these before we hand over the house.
Labels:
Commitments,
Condensation,
Damp Enviroment,
Flooding,
HNZ,
Housing,
Housing New Zealand,
Katrina O'Conner,
mould,
stachybotris,
Tennancey,
Tennancey Manager,
Tribunal,
Wood Rot
Wednesday, November 10, 2010
Moving House
We have almost finished moving from the HNZ house to our private rental, finally by daily blood noses and headache seem to have stopped and there seems to be a dramatic improvement to the rest of the family even over such a short time. No more coughing and spluttering during the night. With all the furniture moved out its possible to see what we have been living with. Deep in the carpet is a white fungal growth under our bed in the master bedroom. The walls behind the furniture have quite a bit of mould on them and there is a distinctive damp smell in the house that was being absorbed by our clothing and furniture but how has nowhere to go and just lingers.
I invite anyone who is interested in seeing the condition of the house to contact me for a viewing, I have a journalist from a news paper meeting me at the house on Thursday evening however we will more than likely retain access to the house up until mid next week as there is some work to do outside with tidying up what we were told could not be stored under the house and disassembling the work bench and shelving in the garage.
It should be kept in mind that according the HNZ this house is fine given the age and character and our continued requests to get these matters resolved over 7 or so years were pretty much ignored. One of my only concerns at this stage however is what the long term health effect are going to be.
In order to gain access and look for yourself fire me a text to 021 212-9200 or phone me.
Tuesday, November 9, 2010
1st Call in District Court over Tennancey Matterrs
We have filed an application in the tenancy tribunal to have the matters reheard and have obtained the transcripts from the tribunal hearing. The rehearing will take place some time next year in the District Court.
While in court I requested that the Judge make a ruling that HNZ has to hand over all the documents as requested under the privacy act however she stated that this was not within her powers and I would have to ask HNZ's lawyer for this.
Now keep in mind that our request for this information predates any action being taken by HNZ and that under the privacy act HNZ have to supply this to us. However their lawyer has refused this request stating that as HNZ have laid a criminal complaint they will not hand over the information at this stage.
While in court I requested that the Judge make a ruling that HNZ has to hand over all the documents as requested under the privacy act however she stated that this was not within her powers and I would have to ask HNZ's lawyer for this.
Now keep in mind that our request for this information predates any action being taken by HNZ and that under the privacy act HNZ have to supply this to us. However their lawyer has refused this request stating that as HNZ have laid a criminal complaint they will not hand over the information at this stage.
Monday, November 8, 2010
At least someone gets it
The new manager of Panmure branch so far seems to understand the problems and situation, I feel somewhat sorry for him as its pretty clear he has been dropped in the deep end and inherited a mess from his predecessor.
We had a short meeting with him last week and discussed moving out as well as several other matters including the new toilet that was installed by us. We have given HNZ the opportunity to reimburse us for half of this otherwise we would remove this.
Peter informed us at the time that after looking at our rental statement he believed we were in rental arrears and said that any reimbursement would be put toward any arrears. We agreed to this and he went away to look in to the matter.
On Saturday I received an Email from him stating that he had examined out rental account and we were in fact in credit for quite a reasonable amount and that although they would not change their position on the reimbursement for the toilet he offered to credit our account for an additional $200.00 as a token of good faith.
Tomorrow being the 9th November we have our first hearing in the district court over HNZ's breaches in the tenancy act and our other claims and given that HNZ have refused to provide information under the privacy act that would have been used to solidify the facts in court.
We had a short meeting with him last week and discussed moving out as well as several other matters including the new toilet that was installed by us. We have given HNZ the opportunity to reimburse us for half of this otherwise we would remove this.
Peter informed us at the time that after looking at our rental statement he believed we were in rental arrears and said that any reimbursement would be put toward any arrears. We agreed to this and he went away to look in to the matter.
On Saturday I received an Email from him stating that he had examined out rental account and we were in fact in credit for quite a reasonable amount and that although they would not change their position on the reimbursement for the toilet he offered to credit our account for an additional $200.00 as a token of good faith.
Tomorrow being the 9th November we have our first hearing in the district court over HNZ's breaches in the tenancy act and our other claims and given that HNZ have refused to provide information under the privacy act that would have been used to solidify the facts in court.
Friday, October 22, 2010
HNZ seem to think they are above the law
On the 8th September 2010 I requested a copy of all information HNZ have on file about me/us under the Privacy Act 1993, The request had to be either fulfilled or reasons why the information was not going to be supplied had to be outlined within 21 working days.
After this time on the 6th October 2010 I contacted HNZ's privacy officer Karaka Tuhakaraina who stated he would look in to the matter.
The reason we need this information is that we are due in court 9th of November 2010 regarding HNZ's breach in the tenancy act and the appeal process.
Today being the 22 October 2010 we received a letter from Karaka Tuhakaraina denying us this information under section 29 (ia) of The Privacy Act 1993.
After this time on the 6th October 2010 I contacted HNZ's privacy officer Karaka Tuhakaraina who stated he would look in to the matter.
The reason we need this information is that we are due in court 9th of November 2010 regarding HNZ's breach in the tenancy act and the appeal process.
Today being the 22 October 2010 we received a letter from Karaka Tuhakaraina denying us this information under section 29 (ia) of The Privacy Act 1993.
- (ia) the request is made by a defendant or a defendant's agent and is
- (i) for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or
- (ii) for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act;
It should be noted that HNZ only filed their claim on the 4th October 2010 and from memory we were not served with any proceedings until the 7th October 2010 (actually this is the date on the video when I recorded both Debbie and I being served).
Now I am not a lawyer but I'm pretty sure that retrospectively denying access to information is a little unfair and given that we will not have this information for our hearing against HNZ on the 9th of November really goes to show what dirty tricks these guys are playing.
Thursday, October 21, 2010
HNZ Boasting over 100 cases before the courts
A colleague of mine has watched the events unfold and had been contacted by investigators. He was a little alarmed given the comments of the investigator that seemed to him to be somewhat inappropriate given the situation. Out of concern he contacted HNZ investigation team and asked them a few questions but found himself dealing with overly paranoid people who were not very helpful at all. The manager kept stating the phone was quite hollow and that he thought the conversation was being recorded but the fact that my colleague was calling from a cell phone would have been the reason for this quality of the call. It was clear to my collegue that with the level of paranoia displayed they seemed to have something to hide.
The manager was also asked in relation to their investigations "Have you ever got it wrong" to which after a long period of silence he asked if that was a question. My colleague then said of course and its a fair question but the investigations manager refused to answer.
A recent publication put our by HNZ called Close to Home dated September 2010 has HNZ posting they have freed up 114 homes for needy families and indicating that there are over 100 cases before the courts. Given the actions that have been taken against us and the fact that we have never been given the opportunity to review any evidence, it appears to me that quite a number of them are likely to be an abuse of process. Given the fact that it appears tenants have no rights as well as many people who are in a position such as ours would be on very low income, this makes proving your innocence pretty darn awkward.
In New Zealand you are supposed to be Innocent until Proven Guilty and the benefit of the doubt must always go to the accused however HNZ do not seem to hold the same views. They act by throwing all they can at you then you and don't even provide the information to you that would allow you to challenge their findings.
Based on what is clearly an erroneous investigations we have been evicted, had our rental assessment revoked and backdated resulting in us owing HNZ a considerable amount over the last 7 or so years and are facing criminal charges. All this has happened before there have been any checks done on the information and before it gets heard by an impartial authority.
The manager was also asked in relation to their investigations "Have you ever got it wrong" to which after a long period of silence he asked if that was a question. My colleague then said of course and its a fair question but the investigations manager refused to answer.
A recent publication put our by HNZ called Close to Home dated September 2010 has HNZ posting they have freed up 114 homes for needy families and indicating that there are over 100 cases before the courts. Given the actions that have been taken against us and the fact that we have never been given the opportunity to review any evidence, it appears to me that quite a number of them are likely to be an abuse of process. Given the fact that it appears tenants have no rights as well as many people who are in a position such as ours would be on very low income, this makes proving your innocence pretty darn awkward.
In New Zealand you are supposed to be Innocent until Proven Guilty and the benefit of the doubt must always go to the accused however HNZ do not seem to hold the same views. They act by throwing all they can at you then you and don't even provide the information to you that would allow you to challenge their findings.
Based on what is clearly an erroneous investigations we have been evicted, had our rental assessment revoked and backdated resulting in us owing HNZ a considerable amount over the last 7 or so years and are facing criminal charges. All this has happened before there have been any checks done on the information and before it gets heard by an impartial authority.
Tuesday, September 21, 2010
Hollow Aplogies
Today we received a letter from our Tenancy Manger apologising for the confusion regarding the inspection but then later claiming or rather making an excuse that we had in fact arranged a meeting with he colleagues for the 6th. Apparently here colleagues arrived on the 6th and we were not home and this is why the letter was sent claiming we had not allowed access.
There are a few inconsistencies with this as,
Firstly neither my wife nor myself recall making any arrangements for the 6th and if this was requested given the history we would have requested the appointment in writing so as to have a paper trail.
Secondly I reviewed my phone records and email records and can state categorical I was here all day on the 6th with calls being made and received as early as 9:47 up to 14:56 and emails being replied to and sent from 8:21am to 7:50pm. and I'm pretty sure I did not leave home all day.
I would happily accept a genuine apology for a genuine error but given the circumstances and the continued attempts to cover up the facts I find such an apology to be conditional on us having to believe the untruths being told.
In the email Katrina does state that this recent inspection will be our last until just before we vacate the property in December so I can assume from that we will not see any further work being done to fix the issues with the house. This pretty much confirms to us that HNZ and more so Katrina has been angling for our eviction for some time.
We still have no idea how we are going to afford a new place as the rental prices are well above our combined income.
There are a few inconsistencies with this as,
Firstly neither my wife nor myself recall making any arrangements for the 6th and if this was requested given the history we would have requested the appointment in writing so as to have a paper trail.
Secondly I reviewed my phone records and email records and can state categorical I was here all day on the 6th with calls being made and received as early as 9:47 up to 14:56 and emails being replied to and sent from 8:21am to 7:50pm. and I'm pretty sure I did not leave home all day.
I would happily accept a genuine apology for a genuine error but given the circumstances and the continued attempts to cover up the facts I find such an apology to be conditional on us having to believe the untruths being told.
In the email Katrina does state that this recent inspection will be our last until just before we vacate the property in December so I can assume from that we will not see any further work being done to fix the issues with the house. This pretty much confirms to us that HNZ and more so Katrina has been angling for our eviction for some time.
We still have no idea how we are going to afford a new place as the rental prices are well above our combined income.
Wednesday, September 15, 2010
Creative History
It seems from where we are standing Housing New New Zealand's staff practice the rewriting of history to suite their needs and in all honesty from what we have seen make false claims as to the count of events as well as create documents and backdate them so as to create their own paper trail.
On the 17th of August 2010 we received a letter from our tenancy manager Kartina O'Conner for access to the house for an inspection to take place Monday 30th August between 9AM and 12PM stating she would need to check all the rooms in the home. My wife and I arranged our schedule so as to be here however after waiting all day Kartina did not turn up.
Monday the 13th September 2010 a message was left on our phone from Katrina O'Conner and although I did not pick this up my wife said that Katrina wanted to arrange access for an inspection. That morning I sent an email to katrina.oconner@hnzc.co.nz asking her to clarify in writing when she would like this meeting.
Katrina then sent me a response and in noted under our name in bold the following statement
AS previously discussed It is necessary to complete an inspection of your home
I took this to mean as per the previous letter and the phone call.
This email was dated 13th September 2010 11:23am and the request was to visit Monday 20th September 2010 between 10am and 11am.
On the 14th we received two letters from Housing New Zealand both written by Katrina, Postmarks on the envelope were for the 13th of September however on the letterhead one was dated 9th September and the other dated 13th September
The letter dated the 9th September implies that we have denied access or at the least made it difficult for Katrina to conduct her inspection and makes threats as to the tenancy tribunal and exemplary damages. As stated above the reason the previous inspection did not take place was nothing to do with us as we waited here all day on the 30th and Katrina did not turn up nor did she phone us to arrange an alternative time.
The other letter received was dated the 13th September and was in essence the same as the email received requesting access for Monday 20th September 2010.
This is not an isolated incident as We have previously received notices claiming we had denied access to contractors and despite being provided with information to the contrary these complaints have never been retracted. Even in court both Katrina O'Conner and her boss Robert Redford made these claims. We have a transcript that has been attached to one of the previous posts between myself and the contractor who states we had not denied access.
Another instance was when the window frame fell apart after having been repaired and the glass broke almost decapitating my youngest son, HNZ claimed we denied access to the contractor however the contractor refused to conduct the repair as requested by HNZ due to safety concerns. HNZ wanted only the glass replaced in the faulty frame.
I am sure that if this was a member of public and not a government employee questions would be asked as to what was going on and why this false information was being created and recorded in what can only bee deemed as an an official government document.
I have sent an email to katrina.o'conner@hnzc.co.nz he boss robert.redford@hnzc.co.nz and who I believe is the Chief Executive of Housing New Zealand Lesley.McTurk@hnzc.co.nz however as we have been evicted from the house in what we believe to be a retaliatory manner I do not hold out much hope of anything being done.
Here are copies of the original documents in order. Click on the image for a larger view
On the 17th of August 2010 we received a letter from our tenancy manager Kartina O'Conner for access to the house for an inspection to take place Monday 30th August between 9AM and 12PM stating she would need to check all the rooms in the home. My wife and I arranged our schedule so as to be here however after waiting all day Kartina did not turn up.
Monday the 13th September 2010 a message was left on our phone from Katrina O'Conner and although I did not pick this up my wife said that Katrina wanted to arrange access for an inspection. That morning I sent an email to katrina.oconner@hnzc.co.nz asking her to clarify in writing when she would like this meeting.
Katrina then sent me a response and in noted under our name in bold the following statement
AS previously discussed It is necessary to complete an inspection of your home
I took this to mean as per the previous letter and the phone call.
This email was dated 13th September 2010 11:23am and the request was to visit Monday 20th September 2010 between 10am and 11am.
On the 14th we received two letters from Housing New Zealand both written by Katrina, Postmarks on the envelope were for the 13th of September however on the letterhead one was dated 9th September and the other dated 13th September
The letter dated the 9th September implies that we have denied access or at the least made it difficult for Katrina to conduct her inspection and makes threats as to the tenancy tribunal and exemplary damages. As stated above the reason the previous inspection did not take place was nothing to do with us as we waited here all day on the 30th and Katrina did not turn up nor did she phone us to arrange an alternative time.
The other letter received was dated the 13th September and was in essence the same as the email received requesting access for Monday 20th September 2010.
This is not an isolated incident as We have previously received notices claiming we had denied access to contractors and despite being provided with information to the contrary these complaints have never been retracted. Even in court both Katrina O'Conner and her boss Robert Redford made these claims. We have a transcript that has been attached to one of the previous posts between myself and the contractor who states we had not denied access.
Another instance was when the window frame fell apart after having been repaired and the glass broke almost decapitating my youngest son, HNZ claimed we denied access to the contractor however the contractor refused to conduct the repair as requested by HNZ due to safety concerns. HNZ wanted only the glass replaced in the faulty frame.
I am sure that if this was a member of public and not a government employee questions would be asked as to what was going on and why this false information was being created and recorded in what can only bee deemed as an an official government document.
I have sent an email to katrina.o'conner@hnzc.co.nz he boss robert.redford@hnzc.co.nz and who I believe is the Chief Executive of Housing New Zealand Lesley.McTurk@hnzc.co.nz however as we have been evicted from the house in what we believe to be a retaliatory manner I do not hold out much hope of anything being done.
Here are copies of the original documents in order. Click on the image for a larger view
Subscribe to:
Posts (Atom)




