Tenant allegedly running brothel from Auckland apartment unable to be evicted, Tenancy Tribunal rules
His two flatmates were Thai university students, and one was his girlfriend, he said.
And while he and his flatmates weren't involved in sex work, someone else in the building was, the tenant told the tribunal.
That's because he had 'been approached by women in the building lift offering sexual services', he said.
Tribunal adjudicator Kaye Stirling ultimately sided with the tenant.
While the 'evidence might suggest' sex work was being sold from the apartment, it was not grounds to kick the tenant out, she said.
The landlord had argued the apartment was being used to run a commercial business, but Stirling said the tenant was using it primarily as a place to live.
Additionally, under the law, small brothels are allowed to be run from residential homes, she said.
How it started
The landlord's issue with his tenant first arose when the building's manager told him about the alleged sex work.
The manager showed landlord Shi a text message that purportedly showed a sex worker saying they were available and telling their client to go to the tenant's apartment number.
However, landlord Shi was unable to confirm who had sent the text message to the sex worker because the building manager didn't want to share that information, Stirling wrote in her decision.
Looking at the people in the CCTV footage, Shi told the tribunal he believed the women were sex workers and the men their clients.
Shi and the building manager also collected a series of online advertisements.
That included 'screen shots of photos of an Asian woman advertising her services as a sex worker from the building'.
Shi believed one of the women living with the tenant was the same woman as in the ad.
He questioned the tenant about his female friends, before serving a 14-day breach notice for running a commercial business from the apartment.
However, the tenant denied the allegations, saying the sex worker photos and cellphone numbers were not those of his flatmates.
Nor was the text message from them, he said.
Regarding the CCTV footage, the tenant said in many instances it showed people coming out of or standing by the lift.
'None of the images establish that all those shown have entered the apartment,' he said.
As well as saying he had been offered sex in the lift, he said he did his own Google search and it showed 'various people may be operating as sex workers from the building'.
He said he is primarily using the apartment as a place to live.
In denying the landlord's application to evict the tenant, Stirling also included comments about prostitution laws in her written decision.
She said the Prostitution Reform Act 2003 decriminalised prostitution and allowed for 'small owner-operated brothels' to be run from residential homes.
These typically don't need certificates or resource consent like larger sex-worker businesses, she said.
'That fact alone will not be a breach of the tenancy agreement, even though it is a commercial activity,' Stirling said.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
1News
a day ago
- 1News
Man pleads guilty after $410m Bitcoin theft led to parents' kidnapping
A Connecticut man whose parents were kidnapped after he took part in a US$245 million (NZ$410 million) Bitcoin theft has pleaded guilty to fraud and money laundering conspiracy charges and has agreed to testify against his co-defendants, according to court documents that were unsealed this week. Veer Chetal, 19, from Danbury, Connecticut, was one of three men charged with stealing 4100 Bitcoins from a victim in Washington, DC, in an elaborate online scam last August. The trio lived large after the heist, spending millions of dollars on cars, jewellery, rental mansions and nightclub parties, prosecutors say. A week after the theft, Chetal's parents were assaulted and kidnapped briefly in Danbury in a failed ransom plot aimed at Chetal, who the attackers believed had a large amount of cryptocurrency, authorities said. Chetal's criminal case was unsealed on Monday in federal court in Washington, revealing his guilty pleas in November and his agreement to cooperate with federal authorities investigating the Bitcoin theft. It also revealed new allegations that he was involved in about 50 similar thefts that raked in another US$3 million (NZ$5.03 million) between November 2023 and September 2024. Another man charged in the Bitcoin theft, Malone Lam, was also among 13 people indicted by a federal grand jury in May in an alleged online racketeering conspiracy involving cryptocurrency thefts across the US and overseas that netted more than US$260 million (NZ$436 million), including the US$245 million (NZ$410 million) Bitcoin theft. ADVERTISEMENT Chetal is facing 19 to 24 years in prison, a fine between US$50,000 and US$500,000 (NZ$83,845.60 and NZ$838,456.1) and restitution to the victim that has yet to be determined, according to federal sentencing guidelines and his plea agreement. His lawyer, David Weinstein, declined to comment, saying Chetal's case is still pending. In September, federal agents with a search warrant raided Chetal's apartment in Brunswick, New Jersey, and his parents' home in Danbury in connection with the US$245 million ((NZ$410 million) Bitcoin heist. Authorities said they found more than US$500,000 (NZ$838,452.70) in cash, expensive jewellery and watches and high-end clothing. Federal agents also said Chetal had US$39 million (NZ$65.4 million) worth of cryptocurrency that he turned over to investigators. Authorities alleged Chetal, Lam and Jeandiel Serrano were involved in online 'social engineering' attacks against cryptocurrency holders. Lam would send victims alerts about unauthorized attempts to access their crypto accounts, while the others would call the victims posing as representatives from well-known companies like Google and Yahoo and gain access to their accounts, authorities said. Messages seeking comment were left with lawyers for Lam and Serrano today. An advertisement for the cryptocurrency Bitcoin is displayed on a building in Hong Kong on Nov. 18, 2021. (Source: Associated Press) A week after the theft, six Florida men were accused of kidnapping Chetal's parents in broad daylight in Danbury. One of them crashed a car into the parents' Lamborghini, while others pulled up in a van, police said. The attackers forced the couple out of their vehicle, beat them, put them in the van and tied them up, police said. ADVERTISEMENT The plot was foiled, and the attackers were arrested quickly because there were eyewitnesses who immediately called police, and an off-duty FBI agent happened to be driving by at the time of the kidnapping, authorities said. Federal agents said a seventh man who was later arrested in connection with the kidnapping had previously gotten into a dispute with Chetal that turned physical at a Miami nightclub. The attack on the couple is part of an increasing trend worldwide in robbers using violence to steal cryptocurrency. Chetal, who was attending Rutgers University in New Jersey at the time of the US$245 million (NZ$410.8 million) theft and later withdrew, was born in India and came to the US with his family when he was 4 years old in 2010, according to court documents. His father was granted a foreign worker's visa, and his wife and children obtained related dependent visas. Federal authorities said Chetal could face deportation as a result of the criminal case. Authorities say Chetal's father lost his job at Morgan Stanley because of the kidnapping and his son's connection to it. Chetal was initially released from federal custody on his own recognisance. But a judge ordered him detained until trial earlier this year after federal prosecutors said they discovered Chetal was involved in another crypto theft worth US$2 million (NZ$3.35 million) in October that he didn't tell them about, after he had begun cooperating with federal authorities.
Scoop
2 days ago
- Scoop
Flawed Law Turns Blind Eye To Child Prostitution
Family First says that a TVNZ report on child prostitution is no surprise, given the lack of oversight of the law and a failure to formally review its many failings. An indepth review in 2021 of the effects of the 2003 prostitution law change revealed a huge gap between the reputation of the law and its actual impact. The detailed analysis challenged the assumption that the decriminalisation of prostitution has been a success, finding the benefits of the Prostitution Reform Act 2003 (PRA) have been exaggerated and its shortcomings ignored, denied or hidden. ' IS IT WORKING? An evidenced-based review of the decriminalisation of prostitution in New Zealand ' highlighted several significant concerns: Increased numbers of prostitutes. The New Zealand Prostitutes' Collective has failed to collect accurate data on the numbers of people involved in prostitution, despite being contracted by the Government to do so. Health and safety violations – and the reality of violence. Continuing health and safety violations include coercion into unwanted sex acts, high levels of violence, physical injury, unsafe sex, and exploitative practices such as long working hours. Violence is a risk every prostitute takes on a daily basis. Assault, rape and strangulation are not uncommon. What other business or sector of society in New Zealand would tolerate this – and yet the sex industry is sold as a success story. Where is the Occupational Safety and Health? No other work employment sector has a risk factor where rape is considered an inherent part of the work, and why would we want a family member to be in a type of work where there is a 35% chance of being sexually molested i.e forced to accept sex from a man they did not want to. Fuelled by increasingly violent pornography and a notorious drinking culture, punters frequently enjoy hurting women; overseas studies show that some men think raping a prostitute is not even possible. As a result, studies continue to document depression, post-traumatic stress disorder (PTSD), anxiety disorders, dissociative disorders and bipolar disorder in women involved in prostitution. Yet New Zealand's official Health and Safety Manual for prostitution normalises violence and coercion by advising prostitutes to 'identify potentially dangerous situations,' and to devise strategies 'to protect themselves.' The prostitutes' collective stated openly in 2016 that it was impossible to wipe out violence in the industry. Low rates of reporting and prosecuting violations. Fewer than 20% of those who had been physically assaulted reported it to the police. Since 2003 there have been only two prosecutions for coercion – committed usually by women's managers (pimps) – despite repeated reports that it happens frequently. Street workers experience 2 to 3 times more violence than other workers, and actual serious violence (rape, holding against will, and physical violence) are significantly underreported to the Police. Even the Prostitute Collective's reports to the Ministry of Health make frequent mention of violence and coercion, often by brothel 'managers' (pimps). The black market. The industry realities of gang involvement, child exploitation and internal trafficking are largely denied or ignored by the NZPC. The Ministry for Children confirmed that under-age prostitution was not a target area and that no funding had been made available to tackle it. Lack of support for exiting the industry. No resources have been provided to support women who wish to exit the industry. When the law reform was being debated, it was promoted as helping to prevent entry and facilitate exiting, however the NZPC does not support that approach. Failure to implement recommended changes: A review of the law reform in 2008 made 28 recommendations, however, only 11 have been followed through in any way. Despite dangerous conditions continuing, New Zealand's prostitution law reform has been widely lauded – particularly overseas – as beneficial for the women involved. The report identifies the main reason for this misinformation: the conversation is dominated by the New Zealand Prostitutes Collective (NZPC), a lobby group whom the Government relies on overwhelmingly for information regarding any issue related to prostitution. TVNZ also fell into this same trap. The report found that the NZPC does not provide support for those wishing to exit, has no official contact with the black market of prostitution, and plays down the industry-wide realities of violence and exploitation – denying the existence of under-age abuse and internal trafficking, rejecting the voices of exited women, and amplifying the voices of pimps. When implementing the law reform in 2003, Parliament was clear that its impact should be fully scrutinised. Five years later, in 2008, the Prostitution Law Reform Committee's review of the new law recommended assessing it again in 2018. Such an assessment never happened, and the Ministry of Justice says there are no plans to review the law again – in spite of the fact only 11 of the 28 recommendations made by the 2008 review have been implemented. The report makes a number of recommendations, including a focus on child sexual exploitation and trafficking; funding and resourcing exiting & prevention (including awareness of the impacts of pornography); and ultimately, the recriminalisation of brothels and pimping.
Scoop
3 days ago
- Scoop
Protect Women Domestic Violence Survivors, Refugees, And Human Rights Defenders
Bangkok, June 19, 2025 U.N. committee to assess government record on women's rights The Government of Thailand should commit to ensuring the protection of women domestic violence survivors, refugees, and human rights defenders, Fortify Rights said today. The U.N. Committee on the Elimination of Discrimination against Women (CEDAW Committee) will consider Thailand's record on women's rights during a public hearing later today in Geneva, Switzerland. 'While Thailand has made progress on women's rights, substantial areas still need reform,' said Patrick Phongsathorn, Senior Advocate at Fortify Rights. 'Survivors of domestic violence continue to be underserved by Thai authorities, while women refugees and human rights defenders suffer from a lack of comprehensive legal protection.' Ahead of Thailand's review, Fortify Rights made an official submission to the CEDAW Committee, making recommendations on the rights of domestic violence survivors, refugees, and human rights defenders. In its submission, FortifyRights stated that progress on women's rights in Thailand 'has too often been characterized by weak enforcement and poor implementation of relevant laws and policies, further compounding the vulnerability of survivors of abuse.' Fortify Rights's submission includes research conducted over multiple years with women survivors of human rights abuses in Thailand, including a recent 46-page report that documents significant failings in Thailand's response to domestic violence. The report draws on more than 50 interviews, including with 32 women survivors of domestic violence, finding that Thailand's domestic violence legal framework and law enforcement mechanisms fail to provide adequate protections for survivors of domestic violence. The report also highlights that while a new draft domestic violence law, which was recently 'approved in principle' by the Thai Cabinet, expands certain protections for domestic violence survivors, it retains problematic provisions, including a six-month statute of limitations that risks excluding child survivors. In its submission to the CEDAW Committee, Fortify Rights recommended that the Thai government ensure that any changes to the domestic violence law align with international standards, that official responses to domestic violence are well-coordinated across all the relevant agencies and stakeholders, and that officials dealing with domestic violence cases are regularly trained in survivor-centered approaches as well as proper legal and procedural handling of cases. In its report to the committee, the Thai government stated that it 'aids refugees and asylum-seekers in accordance with human rights principles.' Several years of investigations by Fortify Rights have found, however, that refugee women, especially those escaping violence and persecution in neighboring Myanmar, have been subjected to various abuses at the hands of Thai authorities. Without an effective legal framework to recognize and protect refugees in Thailand, refugees face criminal penalties under Thailand's 1979 Immigration Act, which prohibits unauthorized entry or stay in Thailand. Thailand is not party to the 1951 U.N. Refugee Convention and does not formally recognize refugee status as defined by the Convention. As a result, refugees in Thailand are subject to arbitrary arrest, detention, and extortion, as well as forced returns. A lack of legal status in Thailand also means that refugees face considerable barriers when trying to access basic public services, including healthcare. Fortify Rights recommended to the CEDAW Committee that Thailand should ratify the U.N. Refugee Convention and end abusive practices, including arbitrary arrests, detention, and forced return of women refugees, especially those fleeing violence and persecution in neighboring Myanmar. Fortify Rights also recommended that Thailand ensure the broadest possible coverage of protective legal status and access to basic public services, including healthcare, for women refugees in Thailand. Women human rights defenders in Thailand continue to be subjected to judicial harassment, including through instances of Strategic Litigation Against Public Participation or SLAPP suits. According to a recent U.N. study, between 1997 and 2022, more than 400 people, including many women human rights defenders, were targeted by 109 instances of SLAPP suits in Thailand. In 2018, Thailand amended its Criminal Procedure Code, allowing judges to dismiss and forbid the refiling of a complaint by a private individual if the complaint is filed 'in bad faith or with misrepresentation of facts to harass or take advantage of a defendant' this amendment has, however, been under-utilized by the courts. In its submission to the CEDAW Committee, Fortify Rights recommended that Thailand bring its legal framework in line with international law and standards by decriminalizing defamation and treating it as a civil matter between individuals. Fortify Rights also recommended that judges and lawyers be trained and provided with guidelines to ensure the proper implementation of legal measures to prevent judicial harassment of women human rights defenders. 'In many ways, Thailand stands at a crossroads on women's rights—there have been advancements, but there are still major gaps to be filled,' said Patrick Phongsathorn. 'In its review, the CEDAW Committee must press the Thai government to do all it can to guarantee the rights of all women in Thailand.'
