Anti-social behaviour

Anti-social behaviour is behaviour or activity that unreasonably interferes with others' enjoyment of their homes and community.

Examples include:

• Loud, aggressive or violent behaviour.

• Intimidating or harassing behaviour.

• Repeated noise disturbances.  

• Property damage.

• Illegal activities.

Stay calm

• If what they are doing is not illegal, the person might not be aware they are causing you distress. Try to see things from both points of view as you consider how their actions are affecting you.

Keep records

• It’s useful to keep a record of any incident that causes you distress. This information can help when you make a complaint. Remember to take note of the time and date of the incident, what happened, who was involved and how it affected you.

Talk things through

• If what they are doing is not illegal, and if you feel safe and comfortable doing so, try speaking to them about it. This often resolves problems. Only do this if you feel it will be safe to do so.

If you have concerns about anti-social behaviour that might be illegal, you should:

Report criminal activity to the Police:

If you witness illegal activity, such as violence or drug use, contact the Police immediately on 111 (emergency) or 105 (non-emergency).

Then:

Contact ŌCHT: Call 0800 624 456 or email admin@ocht.org.nz with details of the issue. ŌCHT will ask you for the Police incident number that Police gave you when you reported the incident to them.

If you have concerns about anti-social behaviour that might not be illegal, you should:

Contact ŌCHT: Call 0800 624 456 or email admin@ocht.org.nz with details of the issue.

Please be ready to provide specific information, including the date, time, location, and nature of the behaviour, and how it is affecting you.

Report noise complaints to Christchurch City Council noise control on 0800 800 169, then contact ŌCHT.  ŌCHT will ask for when you contacted council Noise Control and the result of that call.

When you report an issue to OCHT, we will ask you more about the situation. We will assess whether what happened breaches tenancy rules and what action can be taken.

ŌCHT may need to investigate your complaint. This can include:

• Speaking with the tenant involved.

• Gathering evidence of what happened (this will include talking to you and neighbours, getting witness statements, requesting police reports).

• In some cases, we will ask you to keep a record of incidents. This will help us build a clear picture of the situation. It may also be used in formal action.

If ŌCHT has enough evidence to establish there’s been a breach of tenancy, it can:

• Issue a formal warning to the tenant.

• Work with the tenant and support services to address behaviours.

• In serious cases, apply to the Tenancy Tribunal to end the tenancy.

Please note: if what’s happened does not breach tenancy rules, we may not be able to take formal action, but we will provide advice on what steps you can take.

Whatever happens, we encourage tenants to report ongoing issues so we can continue addressing them.

The Residential Tenancy Act 1986 sets out the rules for landlords and tenants. It says landlords must follow a legal process before a tenancy can be ended for anti-social behaviour. This can take many weeks or months.

In the most common process to end a tenancy for anti-social behaviour, the landlord must:

1. Issue three breach notices: The landlord must issue three separate breach notices for anti-social behaviour – and all for separate incidents – within a 90-day period. Landlords need evidence to work through this process. If you make a complaint, we will need you to give evidence of what happened at the Tenancy Tribunal. The Tenancy Tribunal expects this, too. We’ll be with you through the process.

2. Provide evidence: Each breach notice must be based on clear evidence, which can include reports from tenants, staff observations, or police involvement.

3. Apply to the Tenancy Tribunal: If three valid notices have been issued within 90 days and the behaviour continues, the landlord can apply to the Tenancy Tribunal to end the tenancy. If you make a complaint, we will need you to give evidence of what happened at the Tenancy Tribunal. We’ll be with you through the process.

4. Abide by the Tenancy Tribunal decision: The Tribunal will review the evidence and decide whether to terminate the tenancy. It will consider the severity, frequency, and impact of the behaviour.

While ŌCHT goes through the formal tenancy process, please:

1. Continue reporting issues: If anti-social behaviour persists, provide clear details to help our investigation.

2. If you feel unsafe, contact the Police or support services for assistance, and let ŌCHT know too.

3. Trust the process: While you may not receive specific updates, know that ŌCHT follows strict procedures to manage complaints fairly and lawfully. Please cooperate with ŌCHT as much as you can; we can only do what we can as a landlord under the Residential Tenancies Act and within the expectations of the Tenancy Tribunal.

We understand you might want updates about how an issue is being handled. However, privacy laws limit what we can share.

Why privacy matters

Under the Privacy Act 2020, ŌCHT must protect the personal information of all tenants, including those involved in complaints. This means we can’t disclose things like:

• Personal details of the tenant(s) involved.

• The details of the complaint made against them.

• What they have said in response to the complaint.

• Any warnings or actions taken against them.

• Their tenancy status.

• The details of the investigation.

 What ŌCHT can share

We can’t discuss specific tenants or cases, but we can:

• Confirm a report has been received and is being reviewed.

• Provide general information on how complaints are handled.

• Advise on the steps you can take if an issue persists (without disclosing personal details).

• Confirm we are following legal processes.

• Inform you when an investigation is completed.