All information regarding statement required, T 463, T 464 and T465 forms, and identity of Police officer alleged to have made statements relied on to evict tenant and ban for reapplication
Katherine Raue made this Official Information request to Kāinga Ora–Homes and Communities
Response to this request is long overdue. By law Kāinga Ora–Homes and Communities should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Katherine Raue
Dear Housing New Zealand Corporation,
The Housing New Zealand Corporation Anti Social Behaviour Guidelines refer to T-463, T-464 and T-465 forms. The Guidelines state that these forms "MUST" be completed when a complaint is received about a tenant.
In 2014 Housing New Zealand Corporation evicted Te Ringa Mangu Mihaka (who I am authorised to name, following action in open Court initiated by Housing New Zealand Corporation and their associates and allies, already in the public forum) following a complaint from another tenant, and tried to ban him from applying for another Housing New Zealand Corporation accommodation for two years, on the basis of the apparently nebulous, unfounded and unsubstantiated complaint.
I request all information regarding the statement of the complainant relied on to claim Mr Mihaka was in breach of his tenancy, and to evict Mr Mihaka, who is aged 75, and forbid him for applying for another Housing New Zealand accommodation for two years.
Despite repeated requests for the T-464 'Interview sheet' documenting the discussion Ms Furfie alleges took place between herself and the complainant, no evidence whatsoever has ever been provided of the documentation required by the Guidelines, particularly the information referred to on page 20 and 21 (of 54) under section 8, and including the T463, T464 qand T465 forms, and the recorded statement of the complainant. I don't believe any such statement was even recorded and I request all information about this matter and in particular a copy of the statement from the complainant which is required to be recorded in great detail as stipulated in the Anti Social Behaviour Guidelines.
The Guidelines can be accessed at the following link, https://drive.google.com/file/d/0B-Evc9g...
Section 8.1 and 8.2 contain explicit instructions regarding the collection and use of information, and Mr Mihaka and I have repeatedly requested this information and never received it, despite repeated assertions from the corporation and their lawyers that it exists.
Page 21 of 54 is perfectly clear:
"Get complainant or third party to write everything down in an incident summary form (T-463) or on a note pad if you do not have a form with you. Details needed to be recorded are:
1 date and time of incident
2 where did the incident take place
3 who did it involve
4 did anybody else see or hear this? Who
5 what happened. What did you see. What did you hear
6 what did you do
7 did you inform anyone else
8 if speaking to complainant: How did this affect you.
Read back to the interviewee what you have written and ask them to sign and date the statement as correct. Where possible get a typed copy of the interview signed by the interviewee"
According to the Official Information Act I request all information regarding the statement required to be taken from the complainant according to the Guidelines, and evidence that the information required to be recorded above was ever recorded in any form whatsoever - where is this statement from the complainant that is required to be recorded in detail, where is this information? Please provide this statement urgently for the reason that Housing New Zealand relied on this information to evict an elderly kaumatua who never ceded sovereignty in the first place, unjustly, with prejudice and bias, slandering and defaming him, on the basis of this statement, which clearly does not exist despite claims by Housing New Zealand Corporation to the contrary. I have no objection to the name of the complainant being withheld, or the name of the accused, but require the identity of any Police officer from whom Housing New Zealand Corporation received information from in regard to this matter, as they were acting in official capacity according to the Corporation, and all other information contained in the statement, which I request in its original form as well as any other forms it may have been transcribed or otherwise reproduced in according to the Official Information Act and basic principles of fair justice.
I note that the complainant has given conflicting and contradictory information on the Court record and to Police regarding this alleged incident, including information that he touched Mr Mihaka inappropriately while Mr Mihaka was asleep, and particularly request the chronological details required to be recorded by the Anti Social Behaviour Guidelines, including any admission by the complainant that he touched Mr Mihaka inappropriately while he was asleep.
Kathy Furfie of Housing NZ Corporation and the lawyers representing the corporation continue to pretend that this information exists, please provide it without delay, or admit that it does not exist, and apologise for breaching the privacy of the accused and evicted tenant by claiming that it does exist.
Further background to this request is at the following link http://teringamangu.blogspot.com
Yours faithfully,
Na Katherine Raue
Maori Agent for Te Ringa Mangu Mihaka
From: HNZC Enquiries
Dear customer,
Thank you for contacting Housing New Zealand.
We have received your email and it will be allocated to the appropriate
team to arrange a response.
We will aim to get back to you within 2 working days, but this may vary
depending on the volume of emails received and the nature and complexity
of your email.
If you are looking for information on the number of Housing New Zealand
properties, we have information about these available on our website here:
[1]http://www.hnzc.co.nz/about-us/housing-s...
If you want to find out about our products available to first home buyers,
please see our website here:
[2]http://www.hnzc.co.nz/ways-we-can-help-y...
If you are wanting to apply to live in a Housing New Zealand home or other
type of social housing, please contact the Ministry of Social Development
on 0800 559 009.
You can call our Customer Services Centre on 0800 801 601 from 8am-8pm
Monday to Friday and 24/7 for urgent queries. All calls are free of
charge.
Alternatively, you could fax us on 0800 201 202 or write to us at:
Housing New Zealand
PO Box 50720
Porirua 5240
Thank you for contacting us.
Kind regards,
Customer Service Team
Housing New Zealand
Freephone: 0800 801 601 | Housing New Zealand, PO Box 50720, Porirua 5240
| [3]www.hnzc.co.nz | [4]www.newzealand.govt.nz
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4. http://www.newzealand.govt.nz/
From: HNZC Correspondence
Dear Katherine
Thank you for your below email requesting information under the Official
Information Act 1982 (the Act).
You can expect to be notified of the decision on your request by 26
January 2016, being 20 working days after the day on which the request was
received in accordance with section 15(1) of the Act. Please note that the
period between 25 December 2016 and 15 January 2017 are not considered
working days under the Act.
Kind regards
Housing New Zealand
Please do not respond to this email address as incoming emails are not
monitored.
You may either contact Housing New Zealand through
[1]http://www.hnzc.co.nz/contact-us or email Housing New Zealand at
[2][HNZC request email]
The information contained in or attached to this message is intended only
for the people it is addressed to. If you are not the intended recipient,
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-----Original Message-----
From: Katherine Raue
[[3]mailto:[FOI #5072 email]]
Sent: Wednesday, 7 December 2016 10:13 a.m.
To: HNZC Enquiries
Subject: Official Information request - All information regarding
statement required, T 463, T 464 and T465 forms, and identity of Police
officer alleged to have made statements relied on to evict tenant and ban
for reapplication
Dear Housing New Zealand Corporation,
The Housing New Zealand Corporation Anti Social Behaviour Guidelines refer
to T-463, T-464 and T-465 forms. The Guidelines state that these forms
"MUST" be completed when a complaint is received about a tenant.
In 2014 Housing New Zealand Corporation evicted Te Ringa Mangu Mihaka (who
I am authorised to name, following action in open Court initiated by
Housing New Zealand Corporation and their associates and allies, already
in the public forum) following a complaint from another tenant, and tried
to ban him from applying for another Housing New Zealand Corporation
accommodation for two years, on the basis of the apparently nebulous,
unfounded and unsubstantiated complaint.
I request all information regarding the statement of the complainant
relied on to claim Mr Mihaka was in breach of his tenancy, and to evict Mr
Mihaka, who is aged 75, and forbid him for applying for another Housing
New Zealand accommodation for two years.
Despite repeated requests for the T-464 'Interview sheet' documenting the
discussion Ms Furfie alleges took place between herself and the
complainant, no evidence whatsoever has ever been provided of the
documentation required by the Guidelines, particularly the information
referred to on page 20 and 21 (of 54) under section 8, and including the
T463, T464 qand T465 forms, and the recorded statement of the
complainant. I don't believe any such statement was even recorded and I
request all information about this matter and in particular a copy of the
statement from the complainant which is required to be recorded in great
detail as stipulated in the Anti Social Behaviour Guidelines.
The Guidelines can be accessed at the following link,
[4]https://drive.google.com/file/d/0B-Evc9g...
Section 8.1 and 8.2 contain explicit instructions regarding the collection
and use of information, and Mr Mihaka and I have repeatedly requested this
information and never received it, despite repeated assertions from the
corporation and their lawyers that it exists.
Page 21 of 54 is perfectly clear:
"Get complainant or third party to write everything down in an incident
summary form (T-463) or on a note pad if you do not have a form with you.
Details needed to be recorded are:
1 date and time of incident
2 where did the incident take place
3 who did it involve
4 did anybody else see or hear this? Who
5 what happened. What did you see. What did you hear
6 what did you do
7 did you inform anyone else
8 if speaking to complainant: How did this affect you.
Read back to the interviewee what you have written and ask them to sign
and date the statement as correct. Where possible get a typed copy of the
interview signed by the interviewee"
According to the Official Information Act I request all information
regarding the statement required to be taken from the complainant
according to the Guidelines, and evidence that the information required to
be recorded above was ever recorded in any form whatsoever - where is this
statement from the complainant that is required to be recorded in detail,
where is this information? Please provide this statement urgently for the
reason that Housing New Zealand relied on this information to evict an
elderly kaumatua who never ceded sovereignty in the first place, unjustly,
with prejudice and bias, slandering and defaming him, on the basis of this
statement, which clearly does not exist despite claims by Housing New
Zealand Corporation to the contrary. I have no objection to the name of
the complainant being withheld, or the name of the accused, but require
the identity of any Police officer from whom Housing New Zealand
Corporation received information from in regard to this matter, as they
were acting in official capacity according to the Corporation, and all
other information contained in the statement, which I request in its
original form as well as any other forms it may have been transcribed or
otherwise reproduced in according to the Official Information Act and
basic principles of fair justice.
I note that the complainant has given conflicting and contradictory
information on the Court record and to Police regarding this alleged
incident, including information that he touched Mr Mihaka inappropriately
while Mr Mihaka was asleep, and particularly request the chronological
details required to be recorded by the Anti Social Behaviour Guidelines,
including any admission by the complainant that he touched Mr Mihaka
inappropriately while he was asleep.
Kathy Furfie of Housing NZ Corporation and the lawyers representing the
corporation continue to pretend that this information exists, please
provide it without delay, or admit that it does not exist, and apologise
for breaching the privacy of the accused and evicted tenant by claiming
that it does exist.
Further background to this request is at the following link
[5]http://teringamangu.blogspot.com
Yours faithfully,
Na Katherine Raue
Maori Agent for Te Ringa Mangu Mihaka
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The information contained in or attached to this message is intended only
for the people it is addressed to. If you are not the intended recipient,
any use, disclosure or copying of this information is unauthorised and
prohibited. This information may be confidential or subject to legal
privilege. If you have received this message in error, please notify the
sender immediately and delete this message.
Please consider the environment before printing this email.
References
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2. mailto:[HNZC request email]
3. mailto:[FOI #5072 email]
4. https://drive.google.com/file/d/0B-Evc9g...
5. http://teringamangu.blogspot.com/
6. mailto:[FOI #5072 email]
7. mailto:[HNZC request email]
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