Glen Innes resident takes fight for her home to the High Court

Niki Rauti was in the High Court at Auckland this morning. Photo/File

A Glen Innes resident who has been fighting eviction from her home of more than two decades and who took the battle to the High Court, must now wait after a judge today reserved his decision.

Ioela (Niki) Rauti had lodged an appeal against an earlier District Court ruling that upheld a previous Tenancy Tribunal decision to have her evicted.

She was supported by around 30 people who had gathered outside the High Court in Auckland this morning waving banners and delivering speeches in support of the sickness beneficiary.

They also spoke out in protest of the ongoing development and privatisation of the state houses in the Tamaki area.

Many supporters came into the courtroom, filling the public gallery.

Both sides appeared to hang the argument on a technicality; if the Tamaki Regeneration Ltd had been appropriately identified as the landlord and what bearing this had on her tenancy termination.

Rauti's lawyer, Justin Harder, also questioned whether TRL, a subsidiary of Tamaki Redevelopment Company, was the legally appropriate body to serve notice and if Tamaki Housing was the appropriate agent to deliver it.

He said this needed to have been made clear to his client when the notice was served.

The lawyer for the respondent, TRL, stood by the District Court's ruling that and said even if there had been a clearer distinction between the various bodies the outcome would have been the same.

"It was minor and technical and no breach that should invalidate a notice to terminate."

He said at no point was the tenant unable to communicate with the TRL, she had been aware her house had been sold by HNZ and the new landlords were willing to rehouse her.

He said despite some confusion between the various bodies this should not be sufficient to invalidate the notice.

Justice Graham Lang has reserved his decision.

In February the Tenancy Tribunal granted a possession order of the former state house Rauti has called home for 21 years to Tamaki Regeneration Ltd.

In May she was in the Auckland District Court where her appeal of the decision that gave possession of the Taniwha St house to the company was unsuccessful.

Her house is one of 2500 houses Tamaki Redevelopment Company, TRL's parent company, has pinpointed to be replaced with thousands of new homes over the coming years.

The company wants the house and her land for redevelopment but Rauti has so far refused to leave, despite orders to do so and offers of alternative houses nearby.

The house was leased to Rauti in 1999 after the death of her mother, who had lived there since the 1980s.

Rauti said alternative homes offered were not suitable for her needs - they were too damp or the two-storeyed homes were too difficult for her to access.

She's been fighting TRC since it took ownership of her house, along with 2700 other houses in the area, from Housing New Zealand last year.