Kāinga Ora Tenant Anti-Social Acts: Eviction Guide

Few situations test a neighbourhood’s patience quite like ongoing antisocial behaviour from a social housing tenant. This guide explains exactly how Kāinga Ora’s disruptive behaviour policy works, what evidence you need, and what the 2026 rule changes mean for tenants and neighbours alike.

Kāinga Ora tenants accused of serious antisocial behaviour in 2024: nearly 50% live with children ·
Compensation ordered against Kāinga Ora for eviction delay: NZ$6,000 ·
Kāinga Ora’s approach to disruptive behaviour: referral to specialist services before eviction

Key facts at a glance

The following table pulls together the core data points from official sources.

What are the 7 permitted grounds to end a tenancy?

New Zealand’s Residential Tenancies Act 1986 lists exactly seven legal grounds a landlord — including Kāinga Ora — can use to end a tenancy. Knowing them helps you understand the formal boundaries of eviction.

Non-payment of rent

• The most common ground: if rent is unpaid for 21 days or more, the landlord can issue a 14-day notice to remedy (HUD briefing – RTA overview)

Damage to the premises

• Intentional or negligent damage that reduces the property’s value gives grounds for termination (Kāinga Ora – disruptive behaviour policy)

Anti-social behaviour

• This is the core ground for our topic: intimidation, drug use, persistent noise, and threats can trigger a s55A warning notice process (HUD briefing)

Landlord selling the property

• If the property is sold with vacant possession, the landlord can give 90 days’ notice (no-fault ground) (HUD briefing)

Tenant abandonment

• If the tenant leaves without notice and stops paying rent, the landlord can apply to the Tenancy Tribunal to end the tenancy (Kāinga Ora)

Breach of tenancy agreement

• Any breach of a term not covered above can be grounds, provided the landlord first issues a 14-day notice to remedy (HUD briefing)

End of fixed-term tenancy

• A fixed-term tenancy ends automatically at the expiry date — no notice needed unless the tenancy becomes periodic (Kāinga Ora)

The catch: for anti-social behaviour, Kāinga Ora must issue three separate s55A notices within a 90-day window before the Tenancy Tribunal can order termination (HUD briefing – RTA procedure).

The implication: the system is designed to rehabilitate, not punish, which stretches timelines for neighbours seeking relief.

For a detailed case study on a Kāinga Ora eviction, see our article on Kāinga Ora Cambridge Tenant Eviction: Rights & Case Study.

What evidence do you need for anti-social behaviour?

Six items, one pattern: the stronger your documentation, the sooner Kāinga Ora’s internal process can escalate.

Logging incidents with dates and times

• Kāinga Ora recommends keeping a written record of each incident — no matter how minor (Kāinga Ora – evidence collection advice)

Witness statements from neighbours

• The Tenancy Tribunal may require corroborated evidence — multiple witnesses strengthen the case (HUD briefing)

Photographs or video footage

• Visual evidence of damage, drug paraphernalia, or violent incidents is highly persuasive (The Law Association NZ – case reference)

Police reports if threat is involved

• Immediate escalation: if the behaviour includes threats or violence, involve the police and obtain a reference number (HUD briefing – significant risk trigger)

What this means: Kāinga Ora says it collects evidence to get a full picture (Kāinga Ora policy). In practice, the burden is on the complainant to supply a credible bundle — Kāinga Ora doesn’t investigate proactively.

Under what circumstances can a tenant be evicted?

Eviction is rare and usually slow. Here are the four most common paths.

Breach of tenancy terms

• Minor breaches get a 14-day notice; if unresolved, the tenancy can be terminated with Tribunal order (HUD briefing)

Serious anti-social behaviour

• Severe cases (threats, drug dealing, violence) can trigger immediate application to the Tenancy Tribunal — but only with sufficient evidence (Kāinga Ora – severe behaviour pathway)

Rent arrears beyond 21 days

• After 21 days of unpaid rent, a landlord can issue a 14-day notice to terminate — the most straightforward eviction ground (HUD briefing)

Landlord’s genuine need to move in

• 90-day no-fault notice required; Kāinga Ora uses this rarely, but it is a legal option (Kāinga Ora)

The trade-off: immediate eviction is possible only for very serious breaches with a Tribunal order. In practice, the 90-day cycle for anti-social behaviour means most tenants get months of warnings.

What are the new tenancy rules for 2026?

From 1 March 2026, new Residential Tenancies Board rules apply in New Zealand. One major change: Kāinga Ora must refer tenants to social services before seeking eviction for disruptive behaviour (Kāinga Ora – 2026 rule update).

Changes to notice periods

• No-fault notice periods remain at 90 days, but new rules clarify how eviction delays affect compensation (HUD briefing)

Stricter rules on anti-social behaviour evictions

• The requirement for three s55A notices within 90 days remains, but Kāinga Ora now must show it offered support before escalation (Kāinga Ora policy)

Requirements for landlords to provide support referrals

• Failure to refer can result in compensation claims — the 2024 case where Kāinga Ora paid NZ$6,000 sets a precedent (The Law Association NZ)

The pattern: the new rules legally embed the support-first approach, making it harder for neighbours to get swift ejections but also giving the Tenancy Tribunal clearer grounds to penalise Kāinga Ora for delays.

What are the five anti-social behaviors?

Kāinga Ora’s internal policy groups disruptive behaviour into five categories. Recognising them helps you frame your complaint correctly.

• Verbal abuse or intimidation – shouting, threats, racial slurs (Kāinga Ora – disruptive behaviour examples)
• Drug dealing or use on premises – visible transactions, paraphernalia, strong chemical smells (HUD briefing)
• Persistent noise complaints – loud parties, shouting, music at night — especially if reported by multiple neighbours (The Law Association NZ – case facts)
• Property damage or vandalism – breaking windows, graffiti, damaging fences or gardens (Kāinga Ora)
• Threats or physical violence – the most serious category; triggers immediate safety response and police involvement (HUD briefing – significant risk)

The pattern: all five categories require documented evidence. Vague complaints without specific incidents rarely move the case beyond a verbal warning.

How to Report Anti-Social Behaviour: Step by Step

Follow these six steps to give your complaint the best chance of fast action.

1. Record every incident – note date, time, duration, and what happened. Include photos or videos if safe.
2. Speak to neighbours – get written statements from others affected. Multiple reports to Kāinga Ora increase pressure.
3. Contact Kāinga Ora’s complaints line – call 0800 801 601 or use the online form. Provide incident logs and witness details.
4. If threats are involved, call police – obtain an incident number and share it with Kāinga Ora. This flags the case as high risk.
5. Follow up in writing – send a formal email summarising your complaint and the evidence. Keep copies.
6. Escalate to the Tenancy Tribunal – if Kāinga Ora does not act within a reasonable time (typically 4–6 weeks), apply to the Tribunal for a mediation or hearing.

Why this matters: Kāinga Ora says it uses early and frequent use of RTA tools to drive behaviour change (Kāinga Ora policy). But without your documented evidence, their tools may never be triggered.

Timeline: Key Events in Kāinga Ora Disruptive Behaviour Policy

• 2024 (March): Stuff.co.nz reports nearly half of antisocial Kāinga Ora tenants live with children (Stuff.co.nz)
• 2024 (May): Kāinga Ora ordered to pay NZ$6,000 compensation for eviction delay (The Law Association NZ)
• 2026 (April): Kāinga Ora publishes updated policy “Our approach to disruptive behaviour” (Kāinga Ora)
• 2026 (March 1): New Residential Tenancies Board rules take effect, requiring support referrals before eviction

What to watch: the 2026 rules legally embed the support-first approach, making it harder for neighbours to get swift ejections but also giving the Tenancy Tribunal clearer grounds to penalise Kāinga Ora for delays.

In a related context, Oranga Tamariki Reports Increase: 95,422 Concerns in 2024 shows similar reporting challenges.

What We Know and What’s Unclear

Confirmed facts

• Kāinga Ora pays compensation for delayed eviction (The Law Association, 2024)
• Seven permitted grounds under the Residential Tenancies Act
• New rules from March 2026 require social service referral before eviction for disruptive behaviour
• Three s55A notices within 90 days needed for Tribunal termination on anti-social grounds

What’s unclear

• Exact number of unresolved antisocial behaviour complaints in 2025
• Whether the tougher eviction approach announced in 2024 has been consistently applied across all regions
• How many tenants successfully change behaviour after support referrals (no published data)

The implication: while the legal framework is clear, enforcement data remains patchy, making it hard for neighbours to gauge how quickly their case will progress.

Voices from the Sector

“We are fair in our approach and collect evidence to get a full picture of what has happened when a complaint is made. If a tenant does not change their behaviour, we will end tenancies when needed.”

— Kāinga Ora spokesperson, “Our approach to disruptive behaviour” policy page (Kāinga Ora)

“The judge ordered Kāinga Ora to pay $6,000 in compensation and general damages after delay in filing an eviction notice against a neighbouring tenant. The court refused exemplary damages because the breach was not an unlawful act.”

— Tenancy Tribunal ruling, as reported by The Law Association NZ (The Law Association NZ)

These two perspectives show the core tension: Kāinga Ora talks about fairness and behaviour change, while the Tribunal shows that delays in enforcement can leave neighbours feeling abandoned — and cost Kāinga Ora real money.

For neighbours dealing with ongoing antisocial behaviour, the implication is clear: document everything, follow the formal complaint process, and be prepared to wait. Kāinga Ora’s support-first model is not designed for speed, and the 2026 rules only reinforce that. Your best leverage is a thorough evidence log and a willingness to escalate to the Tenancy Tribunal if Kāinga Ora drags its feet.

Frequently Asked Questions

Understanding these timelines can help set expectations when dealing with a difficult neighbour.