Wang v Kāinga Ora Homes and Communities - [2025] NZHC 157

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-3197

[2025] NZHC 157

BETWEEN
MEI WANG

Appellant

AND

KĀINGA ORA HOMES AND COMMUNITIES

Respondent

Hearing: 11 February 2025

Appearances:

Appellant in person

F F Nizam and A Mitra for Respondent

Judgment:

13 February 2025

JUDGMENT OF WILKINSON-SMITH J

This judgment was delivered by me on 13/02/2025 at 12.30 pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:
Luke Cunningham Clere, Wellington

Copy to: Appellant

WANG v KĀINGA ORA HOMES AND COMMUNITIES [2025] NZHC 157 [13 February 2025]

Introduction

[1] For six years prior to January 2025, Ms Wang occupied a Kāinga Ora property in Ōtāhuhu. The property had three bedrooms and Ms Wang initially lived at the property with her mother and nephew. Sadly, Ms Wang’s mother passed away. Her nephew returned to China. She remained in the property alone. Ms Wang has mental health issues which she says justified her remaining in the property rather than moving to an alternative one-bedroom Kāinga Ora property in Papatoetoe. She regarded the Ōtāhuhu property as her home. It is where her last memories of her mother are.

[2] There is considerable pressure on social housing availability in Auckland. There are families in need of three-bedroom houses and Kāinga Ora eventually resolved to terminate Ms Wang’s tenancy and provide alternative accommodation for her in the one-bedroom property in Papatoetoe.

[3] Ms Wang applied to the Tenancy Tribunal for a rehearing of decisions permitting Kāinga Ora to access her rental property to assess the suitability of her home for ongoing tenancy purposes,1 and to terminate Ms Wang’s fixed tenancy on the basis that the property was not suitable for Ms Wang and alternative premises were available for her.2 The Tenancy Tribunal dismissed the applications and granted a possession order to Kāinga Ora.

[4] Ms Wang appealed to the District Court against the Tenancy Tribunal decisions, and, on 27 November 2024, Judge D J Clark dismissed the appeals.3 Ms Wang now seeks to appeal to this Court against the District Court decision.

[5] Kāinga Ora submits that Ms Wang’s notice of appeal and subsequent memorandum filed do not identify any question of law and that this Court has no jurisdiction to hear what is essentially an attempt to bring a second general appeal.

1      Kāinga Ora — Homes and Communities v Wang [2024] NZTT 4589009.
2      Kāinga Ora — Homes and Communities v Wang [2024] NZTT 4858402.
3      Wang v Kāinga Ora — Homes and Communities [2024] NZDC 28175.

Procedural history

[6] On 10 December 2024, Ms Wang filed an appeal against the District Court decision. Ms Wang also filed an application for stay of execution of the possession order pending determination of her High Court appeal.

[7] On 9 January 2025, Muir J made an interim order staying termination of Ms Wang’s tenancy until 15 January 2025.4

[8] On 15 January 2025, Johnstone J declined to extend the interim order…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NZHC 157
Decision Date: 13 February 2025

CaseChat Overview and Summary

Mei Wang, a resident of a Kāinga Ora property in Ōtāhuhu, appealed to the High Court against the decision of the District Court dismissing her appeals against the Tenancy Tribunal's dismissal of her applications for a rehearing of decisions permitting Kāinga Ora to assess her rental property and to terminate her tenancy. Wang argued that the Tribunal and District Court decisions were incorrect and sought various reliefs including reimbursement for expenses incurred after her eviction and a direction to call witnesses.

The court was required to determine whether Ms Wang's appeal was properly brought under the statutory provisions permitting a second appeal to the High Court on a question of law. The court considered whether Ms Wang's appeal identified a point of law and whether the appeal was an attempt to relitigate factual findings made in the lower courts.

The court held that Ms Wang's appeal was not properly brought as it failed to identify any question of law. The court noted that a second appeal on a question of law is a narrow jurisdiction and is not an opportunity for an appellant to seek a different result from another court. Ms Wang's appeal was simply an attempt to re-argue the same matters rejected in the District Court. The court struck out the proceedings for lack of jurisdiction.

In conclusion, the court made an order striking out the proceedings under Rule 15.1 of the High Court Rules.

Orders