The Ministry of Business, Innovation and Employment (MBIE) has been probing allegations against Nick Hoogwerf and Donna Miers for about a year. These allegations include providing sub-standard rental properties and failing to lodge tenant bonds.
Hoogwerf, who was previously removed from the real estate agent register, faces additional complaints filed with the Tenancy Tribunal by dissatisfied tenants.
MBIE’s Tenancy Compliance and Investigations Team (TCIT) reported receiving four complaints about the pair since March 2024—two concerning both of them and one individual complaint against each.
One complaint involves a property on Chapel St, Greymouth, purchased by Miers in 2019 under the business name Chapel Corner. The property was divided into eight commercial units with two residential units adjacent, managed by Hoogwerf.
A resident initially brought the company to the tribunal, claiming the property was uninhabitable. Tribunal adjudicator Ross Armstrong described it as “a sad case,” noting the tenant was persuaded to rent a property that did not meet acceptable standards and did not match its online advertisement. The tenant, unable to inspect the property beforehand, found it unsanitary and uninhabitable.
The tribunal dismissed the case after repeated contact attempts with the tenant, Hoogwerf, and Miers went unanswered. Armstrong suggested the tenant might have withdrawn due to low compensation prospects, noting the duo’s “history of nefarious conduct.”
Previous reports from NZME highlighted the pair’s issues with bond handling and failure to meet Healthy Home standards. One case involved them being ordered to pay over $30,000 to Auckland retiree Don Oliver after unauthorized renovations and subletting his property at double the rent.
Another instance involved Miers renting out a Timaru property with serious issues like black mould and a leaking toilet, and she failed to lodge the tenant’s bond. The tribunal criticized her for “a very casual approach” to legal obligations.
Hoogwerf has been involved in eight tribunal decisions since 2023, often failing to attend hearings despite repeated attempts to reach him. Miers was also named in some cases.
Hoogwerf told NZME he considers himself “fit to be a landlord” despite his tribunal history.
Pair Address Investigation
Regarding the ongoing investigation, Hoogwerf acknowledged it and stated he would attend any required hearings.
Miers acknowledged awareness of “concerns” but said she had not received formal findings from MBIE. She stated that allegations of wrongdoing are “premature and potentially misleading.”
Three complaints are still under TCIT investigation. Brett Wilson, the investigations lead, declined to comment on the duration or potential enforcement actions. The fourth complaint did not meet enforcement thresholds and has been taken to the Tenancy Tribunal by the tenant.
Recent Tribunal Actions
Tenants like Auckland’s Ziggy Humberstone have filed recent complaints against Hoogwerf after discovering their bond was not lodged. Although the tribunal ruled Hoogwerf should pay $4000 for the bond, Humberstone reported not receiving payment.
Humberstone and her flatmate ended their North Shore tenancy in early 2024, realizing the rental arrangement was problematic after reading media reports about Hoogwerf. They stated the rental agreement listed Hoogwerf’s business as the landlord, and they wouldn’t have signed if aware of his history.
Humberstone described the rental experience as challenging and noted the Birkenhead home’s poor condition, citing breaches of the Healthy Homes Standard. She reported issues like gaps in windows causing cold rooms and unauthorized use of the downstairs unit as an Airbnb.
Upon realizing their bond was not lodged, they contacted Hoogwerf, who responded he would refund it when they moved out, assuming their stay would be short. Two years later, they are still pursuing the bond.
Annie Binstead also took action against Hoogwerf and Miers after her bond wasn’t returned. She described her experience with Hoogwerf as concerning, mentioning disputes and arguments in what was operated as a ‘boarding house.’
Binstead succeeded in her tribunal claim for a $5000 bond but awaits payment, with the debt now referred to the Ministry of Justice’s Collections Unit. A warrant was issued against Miers for missing a related hearing, which she attributed to being out of town.
Tracey Baguley from the Ministry of Justice explained that a civil arrest warrant can be executed by bailiffs or police, and if the debtor appears in court voluntarily, the warrant is withdrawn.
Binstead expressed concerns about the landlords’ operations, emphasizing the importance of landlords adhering to legal obligations.
Miers contested Binstead’s claims, alleging issues like unauthorized pets and rubbish, which have been put to Binstead without response.
Allegations Disputed
Hoogwerf dismissed allegations from Humberstone and Binstead that weren’t presented to the tribunal as “broad and loaded.” He claimed these accounts came from disputed matters involving rent arrears and damages.
He has not sought tribunal resolution, arguing it is sometimes not a practical or sensible option, particularly when tenants have left with arrears or caused damage.
Hoogwerf explained the challenges of recovering money from untraceable tenants, suggesting landlords often need to focus on practical solutions like re-tenanting the property instead of pursuing tribunal orders with low recovery prospects.
Humberstone hopes the MBIE investigation will lead to appropriate actions, seeking justice for affected tenants.
Wilson, from TCIT, stated that New Zealand law does not allow for banning someone from being a landlord. However, the Tenancy Tribunal can issue restraining orders against further unlawful acts.
Associate Housing Minister Tama Potaka reiterated the government’s expectation that landlords comply with legal obligations, emphasizing existing enforcement mechanisms and efforts to improve rental market accountability.
– Brianna McIlraith, Open Justice reporter
