The tenant moved into the brand new house owned by Kāinga Ora and was evicted six months later for noise disturbance. Photo / NZME
The tenant moved into the brand new house owned by Kāinga Ora and was evicted six months later for noise disturbance. Photo / NZME
Residents endured six months of noise from Danielle Leaf-Marsh’s rental home, including barking dogs and loud music.
Kāinga Ora received 13 complaints and issued three notices before the Tenancy Tribunal evicted her.
The tribunal ruled her actions significantly affected her neighbours’ wellbeing.
Frustrated residents complained to Kāinga Ora 13 times about a noise coming from a neighbouring property, including continuous barking from a dog, several parties and loud music that was described by one person as “psychological torture”.
DanielleAlexandra Albie Leaf-Marsh moved into the brand new house in the Parera Crescent subdivision in Tikipunga, Whangārei, with her six children in June 2024.
But the house, one of 16 properties managed by Kāinga Ora, quickly became the source of frustration for others in the area.
During Leaf-Marsh’s short tenancy, neighbours reported dogs that would not stop barking and at least 13 notifications were made to Kāinga Ora from various neighbours about excessive noise.
Numerous complaints were also made to Whangārei District Council (WDC), resulting in officers issuing excessive noise disturbance notices.
Kāinga Ora issued three notices within a 90-day period to Leaf-Marsh to comply with the Rental Tenancy Act.
One of those notifications related to noise control officers being threatened by a visitor to the property.
Due to the continual breaches, WDC issued an abatement notice to cease the noise on November 11, 2024.
Despite the abatement notice, the tenant continued to breach over the holiday period, hosting three excessively loud parties on December 16, Christmas Eve and January 2.
One local resident made a complaint to Kāinga Ora on Christmas Day, saying it was: “Psychological TORTURE long exposed penetrating sound and shaking that does not stop.”
Two other residents complained about the January 2 party, with one citing the bass could be heard a block away.
“Music and bass. Again. Insanity. This is not an acceptable way to live and state housing needs to take accountability for its tenants and the impact on the community,” a resident said.
Despite repeated visits from the council, tenancy managers, anti-social breach notices, an abatement notice and an application to evict, Leaf-Marsh fought to remain in the house.
Parera Crescent in Whangārei has 16 homes owned by Kāinga Ora. Photo / NZME
She claimed much of the noise was caused by visitors and her six children when she was not present. She said her children were settled in school nearby, she got on well with her neighbours and they enjoyed living in the area.
Leaf-Marsh said she even made the difficult decision to put down her two dogs after being unable to rehome them.
However, these efforts were not enough to convince the tribunal that the situation would improve.
Adjudicator Toni Prowse ruled the continued breaches demonstrated a lack of consideration for neighbours and a failure to uphold the obligations of a tenant.
Prowse noted while the tenant had made some effort to comply, the overall pattern of behaviour showed little likelihood of sustained change.
The adjudicator found the disruptions went beyond mere nuisance and significantly affected the wellbeing and mental health of those living nearby.
“It is pervasive and intrusive of their enjoyment of their properties. The tenant lacked insight into the effect of her music on her neighbours.
“This is evidenced by the repeated bass being played on Christmas Eve even after the tenant was aware that the landlord was seeking termination of her tenancy for noise. It demonstrates to me that the tenant has no regard for how her actions affect her neighbours.”
Kāinga Ora granted her two weeks to find a new place and she was terminated at the end of January.
Regional director for Kāinga Ora Northland Jeff Murray told NZME the organisation is committed to being a fair but firm landlord.
“We expect our customers to be good tenants and respectful neighbours. When there is clear evidence of disruptive behaviour we will take action under the Residential Tenancies Act, including ending tenancies where needed – as we have in this situation.”
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
