Mother of seven Samantha Tepana evicted from Kāinga Ora home after 45 complaints from neighbours
Kāinga Ora said it had issued six anti-social behaviour notices and three breach notices, while information from police showed officers were called to the property several times.
The Kaipara District Council had contacted Kāinga Ora with concerns because of 'numerous complaints from different complainants' relating to 'extreme noise on a weekly basis and two to three days at a time' and 'barking dogs and wandering dogs'.
The tribunal heard that the council's record of dog control and noise control complaints for the property and responses ran to 47 pages.
While Tepana didn't attend the tribunal hearing, copies of emails between herself and Kāinga Ora were provided as evidence.
In one of the emails, Tepana said, 'Kāinga Ora has set me up to fail, I am a mother with seven kids put into an environment where it's [quiet] and not for Māori.
'We are a loud family and to put us smack bang in the middle of a quiet area with no privacy and close neighbours with [a] shared driveway [is] everything I didn't ask for.'
Blake didn't accept her explanation, saying in a recently released decision that if it was merely a matter of a large and loud family being in a quiet area, there would be no suggestion of terminating the tenancy.
'People in the community must tolerate some amount of noise from their neighbours. However, the evidence shows that the issues at . . . are massively, exponentially, beyond this.'
Blake was satisfied Tepana had caused and permitted an unreasonable interference with the peace, comfort and privacy of her neighbours.
He said the breaches were not capable of being remedied and Kāinga Ora had given Tepana every opportunity to address the problem.
While Kāinga Ora confirmed the situation had improved since it had filed an application with the tribunal in June, 'that was too little and too late'.
The nature and extent of the breaches were such that it would be unreasonable to refuse the request for termination, given the frequency of the interferences with peace, comfort, and privacy during a 12-month duration.
They included disruptive behaviour and the seriousness and extent of the incidents, in particular intentional property damage, threats to people and animals posed by wandering dogs, and allegations of threatening and intimidating behaviour.
The tenancy was terminated on July 16.
Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the past 16 years. Most recently he was editor of the Hauraki-Coromandel Post, based in Whangamatā. He was previously deputy editor of the Cook Islands News.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
NZ Herald
2 days ago
- NZ Herald
Mother of seven Samantha Tepana evicted from Kāinga Ora home after 45 complaints from neighbours
One neighbour, however, was willing to provide evidence of rubbish dumped on his property, trespass on to his property, and damage to his property when he appeared before tribunal adjudicator Nicholas Blake. Kāinga Ora said it had issued six anti-social behaviour notices and three breach notices, while information from police showed officers were called to the property several times. The Kaipara District Council had contacted Kāinga Ora with concerns because of 'numerous complaints from different complainants' relating to 'extreme noise on a weekly basis and two to three days at a time' and 'barking dogs and wandering dogs'. The tribunal heard that the council's record of dog control and noise control complaints for the property and responses ran to 47 pages. While Tepana didn't attend the tribunal hearing, copies of emails between herself and Kāinga Ora were provided as evidence. In one of the emails, Tepana said, 'Kāinga Ora has set me up to fail, I am a mother with seven kids put into an environment where it's [quiet] and not for Māori. 'We are a loud family and to put us smack bang in the middle of a quiet area with no privacy and close neighbours with [a] shared driveway [is] everything I didn't ask for.' Blake didn't accept her explanation, saying in a recently released decision that if it was merely a matter of a large and loud family being in a quiet area, there would be no suggestion of terminating the tenancy. 'People in the community must tolerate some amount of noise from their neighbours. However, the evidence shows that the issues at . . . are massively, exponentially, beyond this.' Blake was satisfied Tepana had caused and permitted an unreasonable interference with the peace, comfort and privacy of her neighbours. He said the breaches were not capable of being remedied and Kāinga Ora had given Tepana every opportunity to address the problem. While Kāinga Ora confirmed the situation had improved since it had filed an application with the tribunal in June, 'that was too little and too late'. The nature and extent of the breaches were such that it would be unreasonable to refuse the request for termination, given the frequency of the interferences with peace, comfort, and privacy during a 12-month duration. They included disruptive behaviour and the seriousness and extent of the incidents, in particular intentional property damage, threats to people and animals posed by wandering dogs, and allegations of threatening and intimidating behaviour. The tenancy was terminated on July 16. Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the past 16 years. Most recently he was editor of the Hauraki-Coromandel Post, based in Whangamatā. He was previously deputy editor of the Cook Islands News.
RNZ News
2 days ago
- RNZ News
Daytona Thompson charged with manslaughter after the one-punch death of Daniel Nganeko in New Plymouth
By Tara Shaskey, Open Justice reporter of Daytona Thompson is expected to enter a plea to a charge of manslaughter at his next court hearing on August 15. Photo: Supplied / NZME / Open Justice The young man who fatally punched another man in an allegedly unprovoked attack outside a rugby clubroom has been charged with manslaughter. Friday afternoon, Daytona Thompson, 22, appeared in the New Plymouth District Court where the elevated charge was filed after the death of Daniel Nganeko. The courtroom was packed with whānau and friends of Nganeko and Thompson. Outside, an even bigger crowd of their loved ones gathered as the brief hearing took place. Judge Tony Greig addressed the court's public gallery before Thompson was brought into the dock, acknowledging the "profound tragedy" that had occurred for both whānau. He said he understood their grief and asked for calm, which was respected. On Monday, Thompson pleaded guilty to a charge of assault after punching Nganeko, 37, on Saturday night outside the Tukapa Rugby & Sports Club in New Plymouth. Then on Tuesday, Nganeko died in Auckland City Hospital. According to the summary of facts relating to the assault, provided to NZME, Tukapa Rugby Club held its end-of-season senior prizegiving awards on Saturday, which Thompson attended. He was not a club member but was there in support of a member who was receiving an award. Nganeko, who did not know Thompson, was also at the event as a club supporter. The prizegiving finished around 11.20pm after an excessive noise complaint was served on the club, the summary stated. Nganeko, a videographer, was standing with a group of friends on the footpath on Gladstone Rd, across from the rugby grounds. Thompson approached Nganeko, and the pair began talking. The summary said that "without any obvious provocation", Thompson then swivelled and threw a punch with his "clenched right fist", which struck Nganeko on his chin. Nganeko fell backwards onto the ground, and his head hit the edge of the footpath. Daniel Nganeko. File photo. Photo: Supplied Thompson then ran from the scene. The summary said Nganeko was flown to Auckland City Hospital, where scans revealed he had suffered a fractured skull and extensive brain injuries with damage to his frontal and rear lobes. He was placed on life support. The next day, Thompson handed himself in to the New Plymouth Police Station, the summary stated. He was unable to offer any explanation as to why he hit Nganeko and said he had issues recalling the events of the night because of how much alcohol he had consumed. "He had vague memories of the conversation with the victim and believes he unnecessarily reacted to a comment made by the victim," the summary stated. Thompson had been bailed after his guilty plea to the assault. However, at today's hearing, he consented to a remand in custody. Defence lawyer Julian Hannam said Thompson would enter a plea to the manslaughter charge at his next hearing, which is due to be held in the High Court at New Plymouth on 15 August. Judge Greig said he believed the plea would be "a comfort" for both whānau. Crown prosecutor Cherie Clarke asked for the earlier charge of assault to be withdrawn, which Judge Greig granted. Tukapa Rugby Club paid tribute to Nganeko on Facebook after his death, saying he was a passionate supporter of the club who "gave his time, his energy, and his heart to our community". "We stand united in support of the Nganeko family and all those affected," Tukapa chairman Scott Siffleet wrote. "In moments like these, we must draw on the strength of our Tukapa community - showing compassion, care and solidarity. "We trust that justice will be served, and in the meantime, let us honour Daniel's life by standing together, as one club." Taranaki Community Rugby also posted on Facebook, acknowledging the "deep sadness" after Nganeko's death. "Our heartfelt aroha goes to the Nganeko whānau, a long-standing and respected Tukapa family. "We stand in support of Daniel's whānau, friends and all those affected by this tragedy, and trust that the justice process will bring swift accountability. "There is no place for violence in our sport or our community." According to Nganeko's LinkedIn page, he graduated from Media Design School in 2015 and has worked as a videographer for organisations such as Specsavers, the National Gallery of Victoria and 77 Productions. Nganeko also worked as a visual journalist for Stuff from October last year until earlier this year. *This story originally appeared in the New Zealand Herald .
RNZ News
3 days ago
- RNZ News
Hastings man Ri Nikora admits murdering his partner Kathleen Kawana
By Ric Stevens, Open Justice reporter of Kathleen Kawana's body was found in an empty house near Ruatoria on 3 August 2019. Photo: Open Justice / NZME This story describes family violence and murder and may be distressing to some readers. A homicide unsolved for five years was resolved on Friday, when a man pleaded guilty to murdering his partner. Ri Charles Raymond Nikora, 48, appeared in the High Court at Napier and admitted murdering Kathleen Lorna Kawana, 45, sometime between 20 and 22 June 2019. He also admitted injuring her with intent to injure - a representative charge for the violence he inflicted on her over the three years before her death. Justice Dale La Hood remanded Nikora in custody for sentencing next month. Nikora and Kawana formed a relationship in 2016 but continued to live in their respective houses in Flaxmere and Titahi Bay. Kawana was last seen alive at her Titahi Bay home on 20 June 2019. On 3 August that year, more than six weeks later, her decomposing body was found about 600km from her home in an abandoned farmhouse southwest of Ruatoria, dressed only in her blue checked dressing gown. It was found by someone who had just bought the property. Kawana's body was lying on a mattress and two camp stretchers were on top of her, covering her up. The abandoned farmhouse was well-known to Nikora, who had spent time in the area while growing up. A Crown summary of facts said that Nikora had left Kawana's Titahi Bay home with her in his car sometime on the night of 20 to 21 June. "It is not known whether she was alive or dead at this time," the summary of facts said. Police analysis of Nikora's bank records and CCTV footage showed that he drove from Titahi Bay, to Woodville, then to Hastings, Gisborne and finally to Ruatoria. "Either at Titahi Bay, or somewhere between Titahi Bay and Ruatoria, Mr Nikora assaulted Ms Kawana, causing her injuries which led to her death," the summary said. "Mr Nikora placed Ms Kawana's body in the boot of his car, either while she was injured or dead." Nikora accidentally opened the boot while trying to open his fuel flap at a Gull service station in Hastings early in the morning of 21 June. He is seen in the footage rushing to close the boot of the car and looking around to see if anyone had seen anything. On 23 June, Nikora sent a message to Kawana's daughter using her phone and pretending to be her, as if to explain her absence. It concluded: "No WiFi or txt chat you wen I can." It was not unusual for Kawana to be away from home as she often travelled to Hawke's Bay to be with Nikora. No efforts were made to find her initially as family members assumed she was in Hastings. Despite their close relationship, Nikora was not arrested for his partner's murder until May 2024, nearly five years after she died. The arrest followed the piecing together of an evidence trail and forensic work, including testing of seven cigarette butts and a soft drink bottle found near Kawana's body. Analysis found Nikora's DNA on them. Kawana's DNA was also found in the boot of Nikora's car, after he had sold it to someone else. A Warehouse receipt was found near the body. It was for a hoodie that Nikora was later wearing when he took a selfie on the inter-island ferry. During their relationship, it became clear to people who knew them that Nikora was jealous and controlling of Kawana. The summary of facts describes multiple incidents of violence and assault, including one where he beat her unconscious and performed CPR to revive her. A relative who saw her later that day said she had bruising all around her neck and face, and her eyes were bloodshot as if she had been strangled. On another occasion, a teenage friend witnessed Nikora punching Kawana repeatedly in the face and putting her in a choke hold until she "went limp". The young man was too scared to intervene. *T his story originally appeared in the New Zealand Herald .
