NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Northland pensioner tells Tenancy Tribunal landlord failed to stop abuse by other tenants

Sarah Curtis
By Sarah Curtis
Multimedia Journalist·Northern Advocate (Whangarei)·
16 May, 2022 08:52 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Pensioner David Fletcher's landlord failed to properly address his difficulties with other tenants. But the $100,000 Fletcher sought in damages was excessive, the Tenancy Tribunal says. Picture / 123rf

Pensioner David Fletcher's landlord failed to properly address his difficulties with other tenants. But the $100,000 Fletcher sought in damages was excessive, the Tenancy Tribunal says. Picture / 123rf

Pensioner David James Fletcher says he has been harassed and threatened more than 200 times by other residents at his Dargaville retirement complex.

He compiled "incident reports" of each event and submitted them to the Tenancy Tribunal as part of his application, in which he wanted $100,000 in exemplary damages from his landlord and three residents evicted.

The tribunal awarded him $500 and said there were no grounds to terminate any tenancies.

Fletcher has lived in one of 11 flats in a complex at Kauri Court, Dargaville, since 2016.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Problems stemmed mostly from his dislike of a woman next door smoking outside, contaminating their shared airspace.

He tried several times to negotiate a compromise with her and made numerous complaints to the Dargaville Community Development Board (DCDB), which manages the complex on behalf of the owner Kaipara District Council.

But the problem persisted. Other tenants seemed to side with her and sometimes threatened and harassed him, Fletcher said.

Of the 200 incidents he documented over three years, 17 of them were for variously levelled threats.

Advertisement
Advertise with NZME.

In January 2020, he and the woman next door had a physical altercation, albeit a minor one.

According to a police report, Fletcher tried to push a large potted plant owned by the woman, more towards her side of their common outdoor space.

He said the woman slapped him in the eye. The woman said she pushed him.

A spokeswoman for the landlord told the tribunal she largely dealt with incidents between residents by speaking to those involved and trying to understand their version of events. Where appropriate, she reminded them of the importance of tolerance and co-operation in a communal living environment.

Discover more

New Zealand

Man ignored passengers' pleas to slow down ahead of fatal Northland crash

13 Apr 07:11 PM
Kahu

High Court rules against Māori trust that took council to court

19 Apr 05:00 PM
Crime

Man says he is unjustly in custody and is not who the State claims

19 Apr 07:00 AM
New Zealand

Years of sexually abusing two granddaughters sees Northland man jailed for six years seven months

03 May 11:29 PM

More recently, she issued antisocial behaviour notices to Fletcher, the couple next door, and a man in the flat on the other side of them.

Tribunal adjudicator Nicholas Blake said he did not want to trivialise Fletcher's experiences. The extent to which they occupied his time and energy was evident from the 22-page, 289-paragraph summary of events he submitted to the tribunal.

He accepted Fletcher felt harassed by other tenants and ignored by his landlord. But the tribunal was required to take an objective approach.

The question for it was whether there were any proven incidents of behaviour by other residents that met the threshold of "unreasonable interference with peace, comfort, and privacy at the premises" and if so, whether the landlord took all reasonable steps to prevent it.

His neighbour's smoking was interference with Fletcher's comfort, but Blake said it was not an unreasonable one. The neighbour was permitted to smoke outside her flat as per her tenancy agreement.

That there was tension with some other residents and that some of the other residents might dislike Fletcher, did not amount to an interference with his reasonable peace, comfort, and privacy.

Advertisement
Advertise with NZME.

Low-level antagonistic behaviours that frequently accompany that sort of tension and dislike, whether directed at Fletcher or by him to other residents, did not breach any legal duty.

However, proven incidents of threats of violence, severe abuse, or actual violence could amount to an interference with a tenant's reasonable peace, comfort, and privacy.

Fletcher was right to be critical of DCDB's failure to take those incidents more seriously, particularly the one reported to police because it marked an escalation in the ongoing conflict.

But given the limited extent of the assault, it was unlikely to result in Fletcher's neighbour being evicted. She should, however, have been issued a breach notice, Blake said.

While finding in Fletcher's favour "in some respects", the tribunal called his assessment of DCDB's culpability "wildly inaccurate".

As a comparison, the tribunal cited several recent similar applications from Kainga Ora tenants but involving far more serious behaviour and situations in which there were clear grounds for the landlord to terminate tenancies.

Advertisement
Advertise with NZME.

Those cases resulted in awards of no more than $5000.

The behaviour Fletcher was exposed to was significantly less serious and it was not clear there were grounds for seeking evictions, Blake said.

Save

    Share this article

Latest from New Zealand

New Zealand

PM open to scrapping regional councils amid RMA reform

Opinion

NZ Herald comments: The stories open for discussion today

22 Jun 08:54 PM
Politics

PM open to scrapping regional councils amid RMA reform

22 Jun 08:46 PM

Help for those helping hardest-hit

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

PM open to scrapping regional councils amid RMA reform

PM open to scrapping regional councils amid RMA reform

On the Mike Hosking PM Christopher Luxon says he's open to scrapping regional councils amid RMA reform. NewstalkZB

NZ Herald comments: The stories open for discussion today

NZ Herald comments: The stories open for discussion today

22 Jun 08:54 PM
PM open to scrapping regional councils amid RMA reform

PM open to scrapping regional councils amid RMA reform

22 Jun 08:46 PM
Th' Dudes on the bill for the 'Biggest Pub Gig In The World'

Th' Dudes on the bill for the 'Biggest Pub Gig In The World'

How a Timaru mum of three budding chefs stretched her grocery shop
sponsored

How a Timaru mum of three budding chefs stretched her grocery shop

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP