Northland retirees win $28k case against Kāinga Ora over unsafe property

The couple had been drawn to the property by a large powered garage — ideal for storing excess belongings, their two late-model vehicles, and for charging Beverly’s scooter.

Not aware the garage was at risk of flooding, a lot of their belongings stored on the floor were destroyed during the first heavy rain.

The couple was told the garage might be demolished as part of a future subdivision but that it was years away.

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Instead, Kāinga Ora contractors were onsite within months replacing the garage with a house.

In exchange, Kāinga Ora provided a small shed and later added a larger one but no secure or weather-proof storage for their vehicles.

The small shed was left in the flood zone. A neighbour helped the Linds move it to higher ground.

The couple said they were told the agency “no longer does garages”.

The Linds were barred from entering the newly designated construction zone, so could not retrieve many of their belongings.

Contractors unpacked and moved items without consent, exposing them to concrete dust, rain, and rough handling.

Items went missing, tools were used, and the scooter was taken for a “joy ride” — all while contractors relied on the couple’s water, power, and toilet.

The tribunal found the contractors had treated the couple’s property with “disregard”, committing multiple trespasses.

Within months of moving into their Kainga Ora home (front right) the Linds were pressured into agreeing to a subdivision that led to them losing their three-bay garage, which was replaced by a house (at rear). Photo / Sarah CurtisA Kāinga Ora contractor dismantles the Lind’s three-berth garage behind a small shed (the black structure at centre of photo) that the couple were provided as a replacement. The shed was placed in a flood zone. Photo / Sarah Curtis

Beverly had to undergo shoulder surgery after she fell from her mobility scooter on the home’s crumbling and pot-holed driveway. Her scooter was irreparably damaged.

The broken driveway had been flagged in the initial property inspection but wasn’t repaired ahead of the subdivision.

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The couple were both injured trying to use it. Repairs were only made after a Kāinga Ora property manager also fell — prompting a limited fix to one large pothole.

Blake, in the Tenancy Tribunal decision, found the couple had been unfairly pressured into accepting the rushed subdivision, and were not properly consulted ahead of a brief February 2023 meeting where they felt obliged to sign a tenancy variation, relinquishing the garage.

“There was an imbalance of power and knowledge at that meeting,” the adjudicator said.

“They [the Linds] did not know that they could question or challenge what was put in front of them, or ask for more time to consider it,” Blake said.

Kāinga Ora had promised in a June 2022 letter that the couple would feel “safe, secure and supported,” but Blake said the agency “fell well short”.

He said Kāinga Ora should be held to a high standard, given its responsibility to vulnerable tenants.

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Kāinga Ora regional director Jeff Murray told the Northern Advocate the Linds’ experience did not meet the agency’s expectations.

“We’re sorry for any stress it caused. We’ve reviewed the situation and put steps in place to prevent a repeat.”

The Linds initially had to make do with this small shed – the only replacement storage space Kāinga Ora provided them when it ripped down a three-bay garage for a subdivision. Photo / Sarah CurtisSince the Tenancy Tribunal decision, Kāinga Ora has proactively moved to concrete the Linds’ crumbling driveway, has put up outdoor hand rails and installed power in the two new sheds. However, the couple’s vehicles must remain out in the weather. Photo / Sarah Curtis

Blake noted the Linds sought vindication more than compensation — and he gave it to them “without reservation.”

In considering a costs award, he highlighted submissions by the Linds’ lawyer Stuart Henderson that Kāinga Ora’s conduct had been undeniably and seriously harmful and that the couple were “elderly, extremely stressed, and needy in terms of the legal framing of the claim”.

Henderson said while he was initially hopeful of a reasonable out of court settlement from Kāinga Ora, the agency did not act reasonably and was “dismissive” of the Linds.

In awarding $15,000 for legal costs the tribunal also noted ill conduct by Kāinga Ora during the proceedings, including its failure to provide meeting records, requests for adjournments without negotiation, and a focus on minor disputes over broader failings.

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For damages and compensation, the tribunal awarded the Linds $13,400 as follows:

Breach of quiet enjoyment of their home – $3000Damage to their belongings during Kāinga Ora’s subdivision and demolition work – $5000Failure to maintain the property, particularly the unsafe driveway, and failure to comply with healthy homes standards, especially regarding drainage that led to the garage flooding – $5400

There is now a new Kāinga Ora house where the garage and back section once stood.

The couple don’t object to it being there, recognising the need for housing—but the loss of the garage remains a significant detriment.

The couple was grateful for a good neighbour Peter Portman and do not know how they would have coped without his support and help.

Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, most of which she spent court reporting in Gisborne and on the East Coast

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