Legal battle brews over social housing
Kāinga Ora has doubled down on plans to turn an old council pensioner block into social housing, despite threats of legal challenge from neighbours.
The units in Auckland’s Blockhouse Bay have sat empty and derelict for nearly a year, since its former occupants were moved on.
At the heart of the dispute is whether the land can legally be turned into mixed-use social housing. It was donated to the city in 1983 by Roy Benjafield Thompson to be “employed expressly” for housing senior citizens, but later sold to Housing NZ in 2003.
Residents have obtained a legal opinion saying that Auckland Council has obligations under the Charitable Trusts Act to either purchase the land back, have Kāinga Ora agree to honour the original intention, or find the money from the sale and reinvest it.
Blockhouse Bay resident Benji Nathan said lawyers Parry Field had been working for the cause pro bono, but “generous members of the community” had now put in some money.
“We just want the elderly to benefit from the donation that was made,” Nathan said.
Lawyer Paul Cowey of Parry Field said that if the issue was brought to the court’s attention, the attorney-general, who oversees charitable trusts, would have an obligation to “take up the cudgels”.
“It’s an important issue because if people make a donation for the public benefit, it’s expected it will be used [correctly],” he said.
Auckland Council said its legal team was aware of the opinion and the campaign by residents, and acknowledged the “strength of feeling” it reflected.
“We are actively considering the legal position, and will provide a response once we have completed our assessment,” a spokesperson said.
These events are the second bout in what has been an ongoing conflict.
Kāinga Ora intended to apply for resource consent last year to develop the block of land into 68 homes for families, but withdrew the application at the last minute after facing considerable opposition.
In its application, it said it had been trying to avoid “public notification”, which could have meant neighbours would get their say in a hearing before independent commissioners.
It is understood that council staff originally recommended that notification wasn’t necessary, but got a second opinion due to the public interest. Neighbours signed petitions, held meetings, and sent a deluge of letters to the council.
When notification looked likely, Kāinga Ora withdrew. Its regional director Taina Jones said it had received feedback “that the effects on the immediate neighbourhood would be more significant than we had anticipated”.
However, the housing agency is having another go, again making an application for 68 homes, but this time some duplexes have been replaced with free-standing houses.
“We have spent the last few months re-looking at our plans for the site, and have made some changes to soften the impact of the development,” Jones said.
Nathan, who has been spearheading community opposition, said the new design didn’t appear to meet the community’s concerns. And, crucially, it still ignored the intent of the donation.
“In terms of what I believe the community will feel, I don’t think it changes much.”
Jones said there were 477 people on the waiting list for social housing in the surrounding Whau area. “These homes could make a real different to the lives of some of those people.”
“If people make a donation for the public benefit, it’s expected it will be used [correctly].”
Paul Cowey, lawyer