Wiki v Housing New Zealand Corporation HC Whangarei CIV 2011-488-597

[2011] NZHC 1131

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV 2011-488-597

BETWEEN  WILLIAM WIKI Appellant

ANDHOUSING NEW ZEALAND CORPORATION AND MINISTER PHIL HEATLEY

Respondents

Hearing:         (on the papers)

Counsel:         W Wiki, in person, Appellant

No appearance on behalf of Respondents

Judgment:      16 September 2011

JUDGMENT OF HEATH J

This judgment was delivered by me on 16 September 2011 at 2.30pm pursuant to Rule 11.5 of the

High Court Rules

Registrar/Deputy Registrar

Solicitors:
Crown Solicitor, Whangarei
Copy to:

Appellant in person

WIKI V HOUSING NEW ZEALAND CORPORATION AND MINISTER PHIL HEATLEY HC WHA CIV

2011-488-597 16 September 2011

[1]      On 1 September 2011, the Tenancy Tribunal at Kaikohe granted possession to Housing New Zealand Corporation of premises situated at 25 Boswell Street, Kawakawa, effective from midday on 30 September 2011.

[2]      Mr  Wiki  appealed  to  the  District  Court  under  s 117  of  the  Residential

Tenancies Act 1986. An application for stay was also made, pending appeal.

[3]      On 13 September 2011, Judge de Ridder dismissed the application for stay on the grounds that the appeal had no prospect of success.  Mr Wiki seeks to appeal to this Court against the refusal to grant a stay.

[4]      Mr Wiki’s grounds of appeal relate primarily to the inability of Parliament to legislate in relation to matters affecting tangata whenua.   Such an argument is hopeless.  The reasons why have been set out extensively in many judgments of this Court and on appeal.  By way of example, I refer to Barrett v Police.[1]

[1] Barrett v Police HC Hamilton CRI 2003-419-64, 14 June 2004.

[5]      In my view, the Judge was right to dismiss the stay application on the basis that the appeal lacked any prospect of success.  But, in any event, because the order does not take effect until 30 September 2011, there was no need to make an order for stay.

[6]      Mr Wiki indicated that if his application were refused he sought special leave to  appeal  to  the  Court  of Appeal  immediately.    For  the  same  reasons,  even  if jurisdiction existed (which is doubtful) I decline leave.

[7]      I have dealt with the appeal on the papers, given my view of the prospects of success.   I did not consider it necessary to require counsel for the respondents to appear.  The Registrar shall forward a copy of this judgment to the Crown Solicitor

at Whangarei and to the Tenancy Tribunal.

[8]      The appeal is dismissed.

P R Heath J

Delivered at 2.30pm on 16 September 2011