Auckland Tenant won more than $22,000 compensation after renting a hovel-like property in Glen Eden.
Tenant (Ataoletaeao Kelly Tigifagu) won more than $22,000 compensation. "It was not an understatement to say that people's lives were at risk due to living in these premises," a just-released Tenancy Tribunal decision found.
Tigifagu's 10-month-old daughter went to hospital with bronchiolitis during the tenancy, while her mother also suffered ill health, adjudicator Nicola Maplesden said.
As early as July 2016, a report by property managers Barfoot & Thompson stated the home "was not suitable to re-rent in future".
Yet owner Colleen Aberhart took years to complete any repairs. It meant rain dripped through one bedroom ceiling onto a bed where Tigifagu slept with her daughters - aged 6, 3, and 10 months - and damp and mould filled the room.
Another bedroom had window sills "rotted right through".
"This bedroom was not used by the tenants for over a year as rodents entered through the holes in the window-sills and it was cold and damp," Maplesden said.
"They had sealed the interior door with tape to try to prevent rodents from entering further into the house."
The rats chewed a hole into one of the bedroom walls and brought repeated flea infestations over the course of two years.
It appeared many of these problems could have been fixed earlier with cheap repair jobs.
At an earlier hearing in September this year, the adjudicator ordered owner Aberhart to undertake nine repair jobs on the rental.
Aberhart told the Tenancy Tribunal "she was unaware of how bad the condition of the house was".
She also denied Barfoot & Thompson reports in 2016 and 2017, stating she didn't want to do any repairs because she intended to demolish the house.
However, Maplesden disagreed, finding Aberhart did know repairs were needed but "intentionally breached" her obligations under the Residential Tenancies Act.
She ordered Tigifagu to receive $17,055 compensation for "failure to maintain", $3500 exemplary damages for "maintenance" and $2000 exemplary damage for the failure to install insulation by July 2019.
"Everyone living at the house has been bitten by fleas and bothered by mice, been cold and damp, been unable to shower in their own home, and been denied the dignity of living in a reasonably well-maintained home," Maplesden said.
Maplesden ordered Barfoot & Thompson to pay $2000 in exemplary damages.
The company ceased acting as property managers for Aberhart in July when she failed to install insulation by the Government deadline.
It also argued it did all it could to bring the rental's maintenance issues to Aberhart's attention.
But the adjudicator found the company kept acting as property manager even after writing in 2016 that the property shouldn't be re-rented in the future.
There was also no evidence it told Aberhart she risked breaking the law if she didn't fix the rental up, Maplesden said.
Barfoot & Thompson director Kiri Barfoot apologised to the Tigifagu family.
"We no longer represent this landlord, however we recognise we should have acted quicker." The Herald has sought comment from Aberhart.
Source: Ben Leahy from NZ Herald
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By-election for Otara-Papatoetoe area
Just to let everyone know that we have another by-election happening, and here is the reason why. Below are details and dates, so keep an eye on your letter boxes.
The Manukau Court’s Ruling
The Manukau District Court determined that the Papatoetoe subdivision result of the Ōtara–Papatoetoe Local Board election was invalid, ruling that the outcome had been “materially affected” by voting irregularities. Judge Richard McIlraith found that the scale and nature of the irregularities met the legal threshold required to void an election under New Zealand’s local electoral laws.
In his decision, Judge McIlraith stated that the evidence presented — including reports of stolen voting papers, fraudulent use of ballots, and other procedural irregularities — was sufficient to conclude that the integrity of the election had been compromised. The court noted that at least 79 voting papers were identified as having been cast without the rightful voter’s knowledge during a judicially supervised examination of ballot boxes.
While the judge acknowledged that the election had been administered “properly and in accordance with all requirements” by Independent Election Services and the electoral officer, he concluded that the fraudulent activity originated outside the official process and nonetheless impacted the final result to a degree that required the election to be voided.
As a result of the ruling, the court ordered that a new election must be held, with Auckland Council confirming that the fresh poll must be completed by 9 April 2026
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