A mother-and-son landlord team, previously cited for what a Tenancy Tribunal adjudicator called “nefarious conduct,” are now the subject of a government investigation. The Ministry of Business, Innovation and Employment (MBIE) has been investigating Nick Hoogwerf and Donna Miers for approximately a year following new allegations of providing substandard rental properties and failing to lodge tenancy bonds.
Hoogwerf, who was previously struck off as a real estate agent, and his mother, Miers, have been the subject of numerous complaints from tenants. MBIE’s Tenancy Compliance and Investigations Team (TCIT) confirmed it has received four complaints about the pair since March 2024. Two of these relate to the duo jointly, with one complaint for each of them individually. Three of the four complaints are still under active investigation.
The fourth complaint did not meet the necessary threshold for TCIT to pursue enforcement action, and the tenant has since taken the matter to the Tenancy Tribunal independently. This pattern of tenants resorting to the tribunal is a recurring theme in the landlords’ history, with eight decisions issued against Hoogwerf alone since 2023. In every one of these cases, the tribunal noted that Hoogwerf failed to attend the hearings.
A history of complaints
The investigation into Hoogwerf and Miers brings to light a long history of disputes. One complaint lodged with MBIE relates to a property in Greymouth on Chapel St, which Miers purchased in 2019 under her company, Chapel Corner. Hoogwerf acted as the landlord for the property, which was divided into eight commercial units and two adjacent residential units.
A former resident took the company to the Tenancy Tribunal, claiming the accommodation was uninhabitable and did not match its online advertisement. In his ruling, adjudicator Ross Armstrong called it "a sad case," noting the tenant had been convinced to sign an agreement for a property that was "well below acceptable standards." The case was ultimately dismissed after neither the tenant nor the landlords could be reached, with Armstrong suggesting the tenant may have given up due to the low chance of recovering any money from a pair with a "history of nefarious conduct."
In another widely reported case, the pair were ordered to pay over $30,000 to Auckland retiree Don Oliver. They had rented his Pt Chevalier property, carried out unauthorised "renovations," and then illegally sublet it to a vulnerable grandmother for double the rent, all without the owner’s knowledge or consent.
Miers was also found to have breached her landlord obligations at a Timaru property plagued by black mould, holes in the floor, and a toilet that leaked sewage. In that instance, she also failed to lodge the tenant’s bond, with the tribunal noting she took "a very casual approach to complying with legal obligations" under the Residential Tenancies Act.
Recent Tribunal action
More recent tenants have also been forced to seek resolution through the tribunal. Auckland woman Ziggy Humberstone and her flatmate successfully argued that Hoogwerf had failed to lodge their bond for a North Shore tenancy in 2024. The tribunal ordered Hoogwerf to pay them $4,000, but they say the payment has not been made.
From the moment I moved in, the experience was extremely difficult. Because this was my first flat after moving out of home, I initially assumed this was simply how flatting worked. I later realised that this was not normal.
Humberstone said she and her flatmate only became aware of Hoogwerf’s history after signing the tenancy agreement, which listed his business as the landlord. She stated the Birkenhead home was in poor condition, with gaps in the windows that made it extremely cold, likely breaching the Healthy Homes Standard. They were told Hoogwerf lived in the downstairs unit, but soon discovered it was being operated as an Airbnb, leading to strangers entering their home unannounced. “In one instance, a child ran directly through our house,” she said.
After discovering their bond had not been lodged with Tenancy Services, they emailed Hoogwerf multiple times. “He responded by saying he didn’t think we would be staying long and that he would simply refund the bond when we moved out,” Humberstone said. Two years after leaving the property, they are still pursuing the unpaid bond.
Another former tenant, Annie Binstead, also successfully took Hoogwerf and Miers to the tribunal to recover her $5,000 unlodged bond. Like Humberstone, she is still awaiting payment, and the debt has been referred to the Ministry of Justice’s Collections Unit. A civil warrant to arrest was issued for Miers after she failed to attend a related hearing, though Miers claimed she was out of town and the ministry was aware.
Landlords respond to allegations
When approached for comment, both Hoogwerf and Miers acknowledged the situation but downplayed the significance of the complaints. Hoogwerf, who maintains he is "fit to be a landlord," said he was aware of the MBIE investigation and would participate if required. He dismissed the allegations from former tenants that were not heard by the tribunal as "broad and loaded," claiming they came from individuals involved in disputes over rent arrears and property damage.
<p>He justified not always pursuing tenants through the tribunal, stating it is not always a "commercially sensible exercise" when there is "little realistic prospect of recovery." Miers said she knew "concerns have been raised" but had not been advised of any formal findings against her. "Any suggestion of wrongdoing at this stage would be premature and potentially misleading," she said. "Complaints in tenancy matters are not uncommon and do not, in themselves, establish fault." The ongoing issues with landlords like Hoogwerf and Miers highlight the challenges many face in buyers facing financial ruin as condo prices fall in Auckland’s competitive rental market.
Calls for greater accountability
The experiences of these tenants have renewed calls for stronger protections. Ziggy Humberstone said she hopes the MBIE investigation results in “appropriate action” so that “victims like us are finally able to receive the justice we deserve.” Annie Binstead echoed this sentiment, telling NZME, “Tenants rely on landlords to follow legal obligations, particularly around bond handling and tenancy compliance. In my view, the situation highlights the need for stronger accountability to protect tenants.”
However, TCIT investigations lead Brett Wilson noted that there is no provision in New Zealand law to ban a person from being a landlord. The Tenancy Tribunal can issue restraining orders to prevent a landlord from committing further unlawful acts, but it cannot remove them from the industry entirely.
Associate Housing Minister Tama Potaka said the government expects landlords to meet their legal obligations and that enforcement mechanisms are in place. "The Government is focused on ensuring the rental market works properly for both tenants and landlords, with clear expectations, consistent enforcement, and consequences where standards are not met," he said. The minister added that work is underway to improve accountability, with more details to be outlined shortly.
