A homeless man says a trespass notice issued to him by the Whangārei District Council prevents him from accessing the city’s only day centre for people living on the street. 

However, the council believes that is not the case and says trespass was the only option left to manage the group of rough sleepers camped on the side of a street in central Whangārei after other solutions failed. 

Jason Poutai has been living in a pop-up tent tucked to the side of a Robert Street footpath, outside EVES Real Estate Whangārei, since June last year. 

Last week a council worker flanked by two City Safe officers delivered a trespass order to Poutai and at least three other homeless people also camped in the area. The surprise mail was handed over 18 days after the notice took effect. 

The trespass notice “warned” the group to “stay off” Walton, Robert, Hannah and Carruth streets, as well as the Town Basin. Access to Whangārei’s only day centre for the homeless, Open Arms, is on Robert St. 

Poutai has been unable to access Open Arms while he has been camped outside but was told he would be welcomed back once he moved. 

The centre had been trying to discourage the area’s “tent city” due to health and safety concerns and out of consideration for neighbouring businesses, which had said the growing presence of rough sleepers had made “business challenging at times”. 

But now because of the trespass notice Poutai believed he is unable to use the centre which provides a place for homeless people to rest, wash, clean clothes, or have free breakfast and lunches. 

“If we’re trespassed off this place, how do we get a feed,” he said. 

Whangārei District Council planning and development general manager Dominic Kula said although trespassed, a person can travel through the off-limits area to access an essential service but it would have to be reasonable. 

" ... For example, visiting Open Arms to use their facilities but not for the purpose of occupying the street.” 

For this reason, Kula did not believe there would be an issue getting to the day shelter if outreach services were unavailable and that was the only way of accessing those particular services. 

He said council had received a number of complaints last year about the group who were living in tents on the roadside. They raised health and safety concerns and allegations around hygiene - including access to toilets. 

Open Arms closed temporarily in September last year to try and deter homeless from camping permanently in the area. Photo / NZME 

Poutai acknowledged that more people had set up camp on Robert St than when he first pitched his tent last June but said they didn’t know where else to go. That is a big part of why he has been pushing to set up a night shelter in Whangārei. 

Kula said collective efforts to resolve the issue alongside government agencies and providers were unsuccessful, leaving trespass as the only option once public health issues were confirmed. 

He explained that the trespass order was to ensure camping in the area stopped along with the health and safety and hygiene issues that impacted the public. 

Poutai said Robert St was one of the safest streets in Whangārei, plus the most sheltered from the rain. 

Life on that footpath was the best they could do, he said. “It’s not a five star hotel or anything, it’s survival to be honest.” 

Poutai and others have had beer bottles thrown at their tents from passing vehicles late at night. He has had his tent set on fire while sleeping inside. Another man tried to stab him. 

He was grateful to the businesses who had “put up” with his presence. 

 

‘If it means a protest then a protest it will be’ - homeless relocate to former Old Boys’ site 

Poutai said some rough sleepers were already based at the former Old Boys’ Rugby and Sports Club on Port Road. 

He had spoken to council previously about the homeless potentially using the vacant site, owned by the Whangārei District Council, to camp out but claimed plans fell through when it came to conversations around a toilet being provided. 

Poutai was frustrated as he believed the former Old Boys’ site would fit Whangārei’s homeless population who lived on the streets. 

“Even the ones in cars and with dogs, which is good because at least we will all be safe in the one spot.” 

Jason Poutai and homeless advocate Carrie Kake have been trying to establish a night shelter for rough sleepers in Whangārei. Photo / NZME 

Homeless advocate Carrie Kake claimed the homeless were being ill-treated. 

She said they couldn’t wait for the council to come onboard regarding using the former Old Boys’ site. 

“If it means a protest then a protest it will be. The people need to be kept safe. 

“Old Boys’ has become the hope of the future,” she said. 

Kula said the council had received a number of proposals for use of land it administered to address homelessness, including the Old Boys’ site. 

But the council had been clear that a sustainable solution needs to involve central government agencies who have legislative powers and funding for responding to homelessness, he said. 

In addition, Kula stated that a solution would need to include appropriate wraparound services and security alongside any funding for facilities. 

“We will continue to work with central government agencies, hapū and providers, such as Open Arms, on responses to the challenging and complex issues facing our community.” 

Karina Cooper is news director and covers breaking and general news for the Advocate. She also has a special interest in investigating what is behind the headlines and getting to heart of a story.