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High Court refuses Pomare tenants leave to appeal

The High Court today refused to give three state house tenants leave to take a case to the Court of Appeal to stop eviction orders against them.

Housing New Zealand served 90 Day Notices on the tenants in March following incidents of severe anti social behaviour in Pomare in the Hutt Valley.

The Tenancy Tribunal upheld the legality of Housing New Zealand's actions, and granted possession orders for the properties to the Corporation. The tenants have appealed the case to the District Court, and the High Court, and both Courts have upheld Housing New Zealand's actions.

"The High Court hearing today is the fourth on this issue, and the Court's decision further supports Housing New Zealand's position. The Court could find no grounds to give the tenants leave to appeal the case further," Housing New Zealand chief executive Lesley McTurk said.

"Although the tenants do not have the blessing of the High Court to appeal, the legal process allows them to apply directly to the Court of Appeal for special permission for an appeal. The tenants have 15 working days to file this request. If they fail to do so, then the High Court has ordered that the tenants vacate their state houses by 5pm, December 4.

"If they file for special permission from the Court of Appeal, the Court must first decide whether to grant permission to appeal before hearing the appeal. If the Court doesn't grant permission, then the tenants will have to leave the three houses.

"Housing New Zealand issued 90 Day Notices in these cases to protect community safety in Pomare. Despite the legal costs, we are determined to continue to oppose any further attempts by the tenants' to remain in these houses," Dr McTurk said.

Media Contact: Nick Maling, ph 021 229 4105.

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