More than three years ago, on 31 October 2014, Housing New Zealand Corporation began trying to evict Te Ringa Mangu 'Dun' Mihaka from his home, serving him with a 90 day notice under section 51(1)(d) of the Residential Tenancies Act 1986, on the basis of a false allegation from another tenant, fuelled by the prejudice and bias of NZ Police.
On 2 December 2014 the Tenancy Tribunal issued an order terminating Mr Mihaka's tenancy and granting possession to Housing New Zealand Corporation from noon the following day, 3 December. Mr Mihaka was approximately 73 years old at this time.
Nearly 3 years later, on 2 November 2017, Sir David Carruthers issued a carefully worded Minute. following the hearing of an appeal of the decision of the Tenancy Tribunal. Our response was to challenge the 'Minute' of Judge Walker which is referred to in Judge Carruthers's Minute, inter alia (among other related matters which we are challenging in the various Courts and Tribunals established by the colonial governance structure). During the hearing it also came to light that Housing New Zealand Corporation had issued not one but two eviction notices, which raised some interesting questions (explored in more detail at the link above).
Preceding this hearing, on 2 October 2017, Housing New Zealand Corporation wrote to Mr Mihaka with an offer of settlement, which was conditional on Mr Mihaka withdrawing all his Court action against Housing New Zealand Corporation, and promising not to take any further Court action against Housing New Zealand Corporation. Rather ironic, as it was Housing New Zealand Corporation who initiated the litigation in the first place, and played hardball all the way down the line, until long after they realised there was more to these matters than met the eye.
The High Court deemed that the original offer of settlement from Housing Corporation on the condition that he cease his Court action against Housing Corporation and promise not to take them to Court for anything in the future to be blackmail. The Judge was a former Solicitor General. Mr Mihaka almost didn't make it into the courtroom to state his case, after he was unlawfully detained in the foyer of the Court for carrying the flag of Te Wakaminenga.
On 28 November 2017 Housing New Zealand Corporation wrote another letter to Mr Mihaka, to say that he can remain in his home, regardless of the conditions proposed in the offer of settlement the previous month, as wisely indicated by Judge Carruthers.
While there is still a very long way to go to any real justice regarding these matters, as documented on this website, we have reached a significant milestone. The manner in which we have achieved our goals thus far and gained so much ground is much more significant. We will continue to fight for our rights, and fight for justice and fiduciary accountability, for as long as it takes.
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| "Justice the seed, peace the flower" - the words on Dun's chosen shirt of the day. |
