A brother who evicted a Remuera woman who later died sleeping in her car says he is distraught and had even hired a private investigator to try to find her.
Helena Pauleen Wakefield's brother Larry said the pair had not been in close contact but he was so concerned when she couldn't be reached after she was evicted from their late mother's Remuera home that he engaged someone to find her.
Helena Wakefield was found dead in her car last week after spending months living on the streets in the same suburb where she grew up.
After she refused to leave the family home following her mother's death in 2019, Australia-based Larry successfully went to the High Court to evict her so the property could be sold and the proceeds split.
"This is an extremely distressing time for me," Wakefield said of his sister's death.
"Despite every effort the private investigator was unable to find Helena before she passed away last week," he said via his lawyer.
"I cannot understand why no action was taken until now after local residents expressed concerns and alerted authorities."
Helena Wakefield, 72, was found dead in her red Suzuki Swift on St Vincent Ave, Remuera, on July 7 - despite residents of the wealthy Auckland suburb repeatedly calling police and council for help, fearing that she wouldn't survive winter.
She died less than 2km from her mother's house, which she was made to leave after the High Court case last year involving her brother.
A judge found she was living in the house unlawfully and that her brother was entitled to possession of the property.
Larry Wakefield said when their mother died, her property in Remuera had to be sold and the proceeds split between the siblings.
"Mum passed away in May 2019 and Helena left the property in December 2021. Helena was offered six-months rent, and when she left the property offered hotel accommodation, until she got her half share. She did not take up these offers."
He said after his sister left the Dempsey St home he became concerned about her welfare and took action to track her down.
He was unsure if she was even still in New Zealand or had returned to Australia where she had lived in the past.
Helena had been living in her car on another Remuera street since March and police and Auckland Council had received multiple reports of this - but no action appears to have been taken to help her.
The council admits wrongly assuming she was a freedom camper.
Residents in St Vincent Ave said Helena and her vehicle were so well kept that they only realised she was living inside it when they spotted her wiping the car's windows from the inside because of the condensation that had built up.
However, after police named Helena as the woman who died alone in her car, it emerged she was involved in a High Court legal case last year over the property she lived in with her mother.
In July 2021, Justice Mark Woolford ordered Helena to vacate the Dempsey St home. The $1.2 million property was bequeathed to her and her brother in their mother's 2008 will.
Helena Wakefield snr, had lived with her daughter in the home from December 2011, until her death. It is understood Helena jnr was her ailing mother's full-time carer.
After their mother's death, Helena jnr continued to live in the property and refused to cooperate with her brother on executing their mother's will.
High Court documents from last July say: "After Mrs Wakefield's [Helena snr] death the defendant [Helena jnr] neglected and/or refused to cooperate with the plaintiff [Larry] in obtaining probate of Mrs Wakefield's will as co-executor."
On February 17, 2021, Larry was granted sole executor of his mother's estate after he filed legal proceedings.
Helena jnr was also ordered to pay her brother $21,842 from her share of the estate for the unnecessary "time and expense of pursuing that application".
On March 26 last year, Larry's lawyer gave his sister notice to vacate the property. He also offered alternative accommodation to Helena at a rate of $600 a week - to come out of his sister's share of the estate.
But court records show she continued to live in the house and did not respond to her brother.
Larry subsequently filed further legal claims - including asking market rent of $575 from July 2020 from his sister.
In July 2021, Justice Woolford issued a judgment that Larry was entitled to possession of the house, saying Helena jnr had had sufficient opportunity to arrange her affairs and move out of the property "but refuses to do so".
"Without access to the property, the plaintiff is unable to administer Mrs Wakefield's estate and carry out his duties as executor. There is no arguable defence to the claim by the plaintiff for possession of the property," Justice Woolford said.
The judge also ordered Helena jnr to pay her brother damages for unlawful occupation at a rate of $575 per week from March 26, 2021.
The judge noted the attempts to resolve matters pragmatically, including giving three months' notice to vacate and offering to pay for six months' accommodation.
It is unclear what Helena was doing between July 2021 and March 2022, when it is believed she was first seen living in her car on St Vincent Ave.
Larry Wakefield said the cause of his sister's death was unknown and was being investigated by the coroner.
A police spokesman confirmed they received two calls reporting a person living in a car, on May 15 and June 8, on St Vincent Ave.
"On at least one occasion the informant was advised that the council should be contacted to report the situation.
"Helena's death has been referred to the Coroner. Our thoughts are with Helena's family at this time."
St Vincent Ave resident Sarah Miller repeatedly contacted Auckland Council and police about the homeless woman's predicament.
She said she felt "extremely sad" at hearing Helena had been forced out of a house so close to where she ended up living in her car.
"It's obvious she felt a connection to this area. The council needs to do better," Miller said.
"It's frightening to think where she might have been before she was on our street."
A review is under way by Auckland Council after staff wrongly classed Helena as a freedom camper.
Council head of community delivery central/east, Kevin Marriott said: "Out of respect for her recent and sad passing, we cannot comment at this time."
Age Concern Auckland chief executive Kevin Lamb said the awful reality was this was a situation waiting to happen.
"We know it's not an unusual thing. Fortunately for older people it's not that common, but we do know there's a huge amount of pressure on older people to try to find appropriate accommodation, to be able to afford accommodation, so sadly it's not a surprise."
Lamb said while they hadn't had reports of people living in cars, there had been a "steady increase" in older people struggling with affordability with accommodation and emergency housing.
"It's frightening in a modern city like Auckland."
A petition for police body cameras has gained nearly 15,000 signatures.