The Ministry of Business, Innovation and Employment says it is investigating a West Auckland property where a makeshift plywood shed and dilapidated caravan are being rented out to tenants that are unlawfully in New Zealand.
Brett Wilson, tenancy compliance and ivestigations national manager confirmed his team was investigating following an Auckland Council compliance visit to the property in New Windsor last Thursday.
“Landlords must ensure they are meeting their obligations under the Residential Tenancies Act 1986, in addition to any requirements imposed by the local council,” Wilson said.
“This requires landlords to provide and maintain rental properties in a reasonable state of repair. Landlords must also ‘comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises’ which includes but not limited to local council requirements.”
The shed was built without consent and Auckland Council issued a notice to fix last October after a visit to the backyard shanty town at the New Windsor property in October following a Herald report. Last week, unauthorised plumbing and drainage works were removed from the shed to meet compliance.
“While we can confirm we are investigating this property, as this investigation is ongoing MBIE will not be able to comment on any preliminary findings until the investigations are completed,” Wilson said.
James Friend, national manager MBIE immigration investigation said they were very concerned at the vulnerability of migrants who remain in New Zealand unlawfully.
“This not only means they are unable to work here lawfully but it can make them vulnerable to unscrupulous employers and landlords who would take advantage of their precarious migration status,” Friend said.
“We encourage these migrants to make contact with INZ and speak with us about their situation so that we can look to the best way forward in managing their immigration status.”
He said both MBIE and INZ were not able to comment on these migrants without knowing their names and without specific privacy waivers for each.
The shed was unlocked when the Herald visited the property last week and it still looked like it was still being lived in, with a grey towel hanging outside to dry and used instant cup noodles in a bin.
An elderly woman living in the main house said the property belonged to her son, and that council had given them consent to carry on renting the structures out to tenants.
A previous tenant, Hendra Adijaya, an overstayer from Indonesia, had told the Herald that tenants paid the woman between $120 and $150 in rent to live in the sheds and caravan.
Auckland Council said it had been informed that the tenants would be moving from the property in the next two weeks.
Council compliance manager Adrian Wilson said it would be revisiting the property to ensure they have moved, and would consider further enforcement action if they were still living there.
Wilson said the council has no authority to order the removal of occupants or tenants from a building except where a dangerous and insanitary building notice is issued.
“This is an option that could be considered if the shed and caravan on the property are still occupied at our next visit,” he said.
A friend of a tenant said after the removal of the drainage and plumbing from the property, they had to use plastic pails for washing and cleaning.
“I think they are worse off now, especially their hygiene,” said the friend, who did not want to be named.
Agencies in New Zealand provide support for alternative accommodation to exploited migrant workers arriving on valid visas, but Immigration New Zealand (INZ) said overstayers living in the property did not qualify as they were here unlawfully.
A complaint was made about the plight of these overstayers a year ago to INZ by Migrant Exploitation Relief Foundation (Merf).
The report alleged the Indonesian overstayers had been exploited by a construction company that hired them to work on a site near the Auckland Airport.