Bid to terminate tenancy over threats to kill thwarted

Thursday, 31 July 2025

Kāinga Ora went to the Tenancy Tribunal in a bid to evict a Hamilton resident, but was told no (file photo).

The Tenancy Tribunal has dismissed a Kāinga Ora attempt to terminate a Hamilton man’s tenancy following allegations of firearm use and death threats against a neighbour and her grandson.

The state housing agency attempted to terminate the tenancy for his Fairfield address “on the basis that [the man] threatened to kill his neighbour and her grandson”.

The incident, central to the Kāinga Ora case, allegedly took place on the night of March 18 this year.

According to police reports and witness statements, the man was seen in the shared driveway of his property holding what appeared to be a rifle.

The 14-year-old grandson of one of his neighbours - named in the Tribunal documents as Ms K - claimed the man pointed the weapon directly at him and asked, “Do you want to die? Are you not scared of dying? I’ll come and kill you right now.”

Initial allegations claimed the Kāinga Ora tenant threatened neighbours with a rifle.

Ms K, who also reported seeing the man with the firearm, said he fired several rounds into the air and threatened to kill her during a confrontation.

The man was subsequently arrested and charged, though the exact charges were not revealed in the Kāinga Ora document.

At the tribunal hearing, he refused to comment, insisting the matter was for the District Court to decide.

He acknowledged having possessed a gun but said that was “not the case now” and that he was abiding by bail conditions.

However, Kāinga Ora’s case suffered a major blow when Ms K’s oral testimony contradicted her earlier police statement.

During the hearing, she admitted that the man did not verbally threaten her, saying he remained silent during their encounter.

Her inconsistency, combined with the absence of live testimony from the grandson, left the Tribunal unconvinced that the high threshold of proof had been met.

The Tribunal adjudicator ruled that the evidence did not sufficiently establish the alleged threats, emphasising the seriousness of such claims and the need for a strong evidential basis.

“The claim that [the man] threatened to kill Ms K and her grandson has not been established to the required level,” the decision stated.

The tenancy will therefore continue, despite Kāinga Ora citing prior complaints about the man’s behaviour.

The Tribunal also noted their findings were “totally independent of any findings the District Court may make after considering the charges paid against [the man].”