October 20th 2024.
A family dispute has led to a court case in Taupō, New Zealand, where a woman has obtained a court order to have her nephew, John-Boy Underwood, removed from a property he has been living in for free for the past 12 years. The three-bedroom house on Hinemoa Avenue was originally owned by Roroihape Rameka, who passed away in 1980 and left it as part of her estate to her ten children.
Out of the ten children, four were still living, including Ruby Te Kahika, who was the administrator of the estate. John-Boy's mother, Connie Underwood, was Te Kahika's sister. According to a recent court ruling, John-Boy had been allowed to live in the house with the only requirement being to pay rates, not rent. This arrangement was made with Te Kahika's brother, who had given John-Boy permission to occupy the house until Te Kahika decided to sell it.
Last year, Te Kahika gave John-Boy four months to vacate the property and start paying rent from October 10. However, he did not comply with these terms and continued living there without paying rent. This led to Te Kahika filing a court case seeking possession of the property and $AU12,954 in unpaid rent.
During the court proceedings, Connie Underwood argued that the property should be preserved for the family and treated as if it were owned by them. She believed that her parents' intention was for the house to be a place for the family to return to if needed. However, Associate Judge Clive Taylor ruled that none of the objections raised by Connie Underwood were a legal basis for a defense to the summary judgment application. As the registered proprietor of the property and the administrator of the estate, Te Kahika had the right to exclude all other persons from the land and receive assistance from the court to fulfill her obligations.
The court ordered the Underwoods to deliver the property to Te Kahika by November 8 in a proper and orderly manner. They were also required to pay $AU12,958 in unpaid rent, plus costs. This case has been a difficult and emotional experience for the family, but the court has made a decision based on legal grounds. The property will now be returned to Te Kahika so she can complete the administration of her mother's estate.
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