Unconditional surrender.

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.

"Justice the seed, peace the flower" - the words on Dun's chosen shirt of the day.

Minute of Sir David Carruthers, Porirua District Court:

Following a hearing in the Porirua District Court, Judge Sir David Carruthers has issued a Minute.

We acknowledge the respect and fairness shown by Sir David during our hearing, and in granting it in the first place without requiring the over $200 "security for costs" which was previously requested by the Court, and in the careful and considered wording of his Minute.

A few days prior to the hearing Housing New Zealand Corporation made an Offer of Settlement to Dun, offering to let him stay in his home if he withdraws all his Court actions against Housing New Zealand and promises not to take any further legal action against them.

The problem is that Housing New Zealand Corporation have slandered and defamed Dun and continue to refuse to correct information that is clearly false, and they continue to act in bad faith towards him.  Dun wore a shirt featuring the Palestinian flag, and the words "Justice the seed, peace the flower."  Without truth, there can be no justice, without justice, there can be no peace.

Housing New Zealand Corporation started all this by initiating litigation against Dun in the first place.  They did so on the basis of a tissue of lies and misinformation which amounts to slander and defamation.

Judge Carruthers' Minute further highlights the fact that the law is an ass.  It is not fit for purpose.

The Labour Party pledged to abolish "no cause terminations".

Dun's Maori Agent has requested a copy of the Minute of Judge Walker which is referred to in the Minute of Judge Carruthers, and have responded as follows:

We respectfully submit that there were procedural failures in the manner in which the possession order was originally granted, and draw to the Court's attention section 51(6) of the Residential Tenancies Act 1986 which says that a notice can only be issued if the former one is revoked (attached).

We respectfully request the Court to consider that in accordance with section 51(6)(b) in particular the application of 21 November 2014 would have negated the earlier application of 31 October 2014, which was later relied on (as per paragraph 10, 19-25, of Judge Carruthers' Minute) after Housing New Zealand Corporation repented of their earlier discriminatory and deeply unjust decision to evict Mr Mihaka on the basis of allegations and information which can not be relied on, and which has been proven to be untrue and unreliable. 

We ask the Court to consider the proposition that according to section 51(6)(b) the initial, original notice, which was made under section 51(1)(d), would have had to have been revoked prior to the application of 21 November, made under section 56(1), and could not therefore be relied upon to grant possession.

We will be appealing the decision of Judge Walker and providing evidence as to the error of the decision that the allegations of Housing New Zealand Corporation were irrelevant to the eviction, and responding further to these matters in the near future.