Kainga Ora housing complex Mt Wellington, Auckland Photo: RNZ / Rayssa Almeida
A Kāinga Ora tenant in Auckland whose family was threatened by a neighbour with a hammer says her complaints have fallen on deaf ears.
Despite receiving more than 8000 complaints in the past year, the state landlord only terminated seven tenancies in that period.
Kāinga Ora said dealing with neighbour disputes was not always quick, but it was committed to getting it right.
Leefa Nimo, 38, lived at a Kāinga Ora complex in Mount Wellington. She said her family was constantly being harassed by one of her next-door neighbours.
"I don't feel safe in my own home, having to always look over my shoulder. But I do feel more friends for my kids. It is kind of scary to live with someone who has been threatening you for the past two years."
In a video she recorded, a man who appeared to be drunk could be seen at her doorstep, engaging in an argument with her teenage children.
In another video, recorded on Labour weekend, the man struck a hammer against the apartment complex.
Nimo said the threats took a toll on her.
"That put a big weight on my mental health - I haven't been sleeping well, especially when the [hammer] incident happened.
"I'm awake at night, I hear everything up here, so one little noise and I'm already alert thinking someone broke into the place or something."
She said she had contacted Kāinga Ora (KO) multiple times, but to no avail.
"I feel like it's something everybody goes through with KO, trying to actually get hold of them.
"A lot gets said but hardly anything gets done. It feels like it has fallen on deaf ears, I don't feel supported, in a way."
Nimo said she reported the altercation with her neighbour to police and would be taking legal action against the state landlord for neglecting her safety concerns.
She said telling her story was a way to help others in the same situation.
"There are heaps of us out there, having issues with other Kāinga Ora tenants, being harassed, threatened on a daily basis. It makes me feel for those that actually go through this kind of situation and are just too scared to speak up, afraid they will lose their homes.
"But I think it's time for me to speak up because if you don't say anything, nothing will ever change."
In a statement, Kāinga Ora said after receiving the complaint it immediately started investigating the situation.
"We have not been able to speak directly with the customer who lodged the complaint, despite multiple visits to their home, although they have been in touch with us through an advocate.
"We have taken action to resolve the situation using the tools available to us as a landlord, and will continue to work with both customers to achieve a positive outcome."
'Committed to get it right' - Kāinga Ora
In the 12 months to September, Kāinga Ora received 8222 complaints about its households, seven ending up with permanent eviction.
Kāinga Ora declined an interview with RNZ. In a statement, general manager Nick Maling said most of the complaints were for minor issues.
"To put this into perspective, we typically receive complaints about less than 10 percent of our households - and most of the complaints that we do receive are for things like noisy cars, frequency of visitors or lawns not being mowed."
Kāinga Ora did not expect anyone to put up with awful situations, Maling said.
"We work hard to address issues when they arise, including using the tools available to us as a landlord under the Residential Tenancies Act (RTA) where needed.
"Depending on the situation, this process isn't always quick, but we're committed to getting it right."
He said in some cases, a cross-agency approach was necessary.
"In challenging situations, other agencies often play a critical role - such as the police where there is immediate danger or potential illegal activity, or mental health services."
When addressing complaints, the first approach was to resolve the situation and provide support to achieve a change in behaviour, Maling said.
"However, we understand that sometimes sustaining a tenancy is not in anyone's best interest - and in these situations, we can, and do, end tenancies where needed."
Mailing said when Kāinga Ora did end tenancies, it normally moved the customer to a different property.
"In the past 12 months to September, 210 households were relocated for disruptive behaviour by agreement."
He said, in most cases, customers took moving to a new home in a new community as an opportunity to make a fresh start. However, in severe or threatening scenarios, the state landlord would end the tenancy without giving the person another state home to live in.
"This could apply to a range of different situations - from disruptive or threatening behaviour to ongoing non-payment of rent.
"In these situations, we work hard to identify a more suitable housing option - for example, with an alternative provider."
Civil litigation expert and Smith and Partners Law senior associate Nathan Tetzlaff said to evict a tenant on the grounds of antisocial behaviour, landlords needed to follow the three-strike rule.
"If there's been three instances of antisocial behaviour by the tenant against any other person, then the landlord can issue a notice to the tenant that identifies the behaviour and demands that they stop it.
"If there's three such notices issued within 90 days, then the landlord is entitled to make an application to the [Tenancy] Tribunal to terminate the tenancy."
The tribunal could refuse that order if it believed that it would be unfair to do so, Tetzlaff said.
"The onus is on the landlord to prove that the assault or threatened assault did actually occur."
