Wang v Kāinga Ora - Homes and Communities - [2025] NZHC 43

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-003197

[2025] NZHC 43

UNDER the Residential Tenancies Act 1986

IN THE MATTER OF

an application for interim relief pending appeals

BETWEEN

MEI WANG

Appellant

AND

KĀINGA ORA – HOMES AND COMMUNITIES

Respondent

Hearing: 15 January 2025

Appearances:

Appellant self-represented F F Nizam for respondent

Judgment:

3 February 2025

REASONS JUDGMENT OF JOHNSTONE J

This judgment was delivered by me on 3 February 2025 at 10 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:
Luke Cunningham & Clere, Wellington

WANG v KĀINGA ORA – HOMES AND COMMUNITIES [2025] NZHC 43 [3 February 2025]

[1] During a telephone conference on 15 January 2025, Mei Wang sought to extend an order made by Muir J on 9 January 2024, prohibiting her eviction from a dwelling owned by Kāinga Ora in Ōtāhuhu, pending the determination of appeals brought against decisions of a District Court Judge.

[2] I declined to extend Muir J’s order, indicating that I would issue reasons, and address the appeals, later. I now do so.

Background

[3] Kāinga Ora – Homes and Communities is a Crown entity, established under the Kāinga Ora – Homes and Communities Act 2019.1 Its functions include “to provide rental housing, principally for those who need it most”.2

[4] The dwelling in Ōtāhuhu has three bedrooms. Ms Wang commenced to live there, on her own, in accordance with a tenancy of social housing, in December 2022. In June 2023, Kāinga Ora sought access to the dwelling, it says for the purpose of ensuring its compliance with the Healthy Homes standards.3

[5] On 26 October 2023, the Tenancy Tribunal directed Ms Wang to allow Kāinga Ora access. Ms Wang applied to the Tribunal for a rehearing of Kāinga Ora’s application for access, but the Tribunal dismissed Ms Wang’s rehearing application.

[6] In the meantime, Kāinga Ora issued a notice to terminate Ms Wang’s tenancy. The notice was issued with reference to s 53B of the Residential Tenancies Act 1986 (the Act). That provision permits the termination of tenancies of social housing in various circumstances, including (in the case of tenancies such as Ms Wang’s) where Kāinga Ora considers that transfer to different social housing is “necessary or desirable for any reason” and “[that] other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place)”.

1      Kāinga Ora – Homes and Communities Act 2019, ss 8 and 9(1).
2      Section 13(1).
3      Residential Tenancies (Healthy Homes Standards) Regulations 2019, applicable to Kāinga Ora from 1 July 2024 (see schedule 1, cl 2(1)).

Kāinga Ora had, and continues to have, a one-bedroom dwelling available for Ms Wang, which it has assessed as appropriate for her needs.

[7] On 22 May 2024, the Tribunal terminated Ms Wang’s tenancy of the dwelling, and granted Kāinga Ora possession.4 Ms Wang’s application for rehearing in respect of that decision was dismissed…

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 43
Decision Date: 3 February 2025

CaseChat Overview and Summary

The case involves Mei Wang, the appellant, who sought to extend an interim relief order against her eviction from a dwelling owned by Kāinga Ora – Homes and Communities, a Crown entity responsible for providing rental housing. The dispute was heard and decided in the High Court of New Zealand, Auckland Registry. Ms Wang sought to prevent her eviction pending appeals against decisions made by the District Court regarding the termination of her tenancy. The primary legal issue the court had to decide was whether to extend the interim order preventing Ms Wang's eviction, issued by Justice Muir on 9 January 2025, which was due to expire on 15 January 2025. The court also had to consider the merits and jurisdiction of Ms Wang's appeals against the District Court decisions.

The court declined to extend the interim order, reasoning that Ms Wang's proceeding in the High Court appeared to lack jurisdiction as it did not identify a point of law. The court found that Ms Wang's appeals cited only evidential and procedural concerns, which are not grounds for appeal under the Residential Tenancies Act 1986. Furthermore, the court noted that Ms Wang's conduct during her District Court appeal suggested a lack of merit and an inclination to delay proceedings. The court also highlighted that even if Ms Wang were to be re-housed before the High Court decided her proceeding, it would not render the proceeding nugatory. The court ordered that Ms Wang's proceeding be listed for mention to determine its jurisdiction, and directed Ms Wang to file a memorandum identifying any point of law she wished to argue on appeal by 5 pm on 7 February 2025.

Orders