The incident is the latest in a series of the man’s alleged anti-social behaviour at the Christchurch property.
A neighbour and mother told The New Zealand Herald: “I’m quite disgusted in the fact that kids have seen this. [One of the kids] says he can’t get it out of his head”.
She complained to police; however, a spokeswoman for police said they had “determined no offence had been committed”, which frustrated the neighbour.
Another neighbour complained to Kāinga Ora, wanting the state housing agency to kick the resident out, saying the children were traumatised seeing the “depraved, hideous behaviour”.
Kāinga Ora’s regional director for Canterbury, Liz Krasue, said they were aware of a situation “in the private, fenced backyard of one our ... properties ... observed by a group of teenagers ... next door”.
Indecent exposure is a minor offence against the Summary Offences Act 1981, Auckland University of Technology Professor of Law Kris Gledhill explained, and involves intentionally and obscenely exposing one’s genitals in, or in view of, a public place.
The response from Kāinga Ora and police left the neighbour at her wits' end: “I mean, you know, [people] say I should ring the police, do this, do that, but nothing gets done,” she said.
“We have just got to sit back and put up with it.”
Krause said it was a matter for police to investigate if there was an allegation of criminal behaviour.
“What our customers do in their personal lives is not something we as a landlord have a right to control,” Krause said.
“Our customers have the same rights to privacy as any private renter or person living in their own home.
“We are aware there have been tensions between neighbours living in the street. We worked closely with other agencies and residents of the street to understand what was going on.”
The Kāinga Ora resident was accused of terrorising neighbours in 2021 with a prolonged campaign of intimidation and abuse.
The man was accused of shooting a kids’ pool with slug gun pellets and threatening the life of a 4-year-old girl on the Woolston street.
Krause said, “it became clear ... the issues raised were historic[al], mostly dating back to 2016, and that they were addressed by the appropriate authorities at the time.”
The mum’s 17-year-old son had his friends over last Friday evening when her neighbour began having sex with another man outside: “They knew the kids were there because they [the kids] were out the back making noise,” she believed.
“They knew there were young boys here. We can see everything in that backyard, and for three teenage boys to have seen that is disgusting,” she believed.
“What if my 14-year-old daughter had seen it? That is something that, to be quite honest, should be in the bedroom and not outside in clear view.”
Another resident said the man “wasn’t even trying to be quiet about it”.
The neighbour said the two men looked up and saw the teenagers watching them, “dumbfounded”, and quickly got up and pulled their trousers up.
“I know it’s their property, but hey, come on - in full view?”
Gledhill said indecent exposure was only met if the offender knew they could be seen from a public place.
“There is a specific defence of having reasonable grounds for believing they cannot be observed,” he said.
“It sounds like this man wasn’t aware he was being watched, and as soon as he became aware, he stopped.
“I’d imagine that the police will have decided that this test wasn’t made out because the man will have been able to prove the defence of the prosecution would have difficulty in proving that he acted ‘intentionally and obscenely’.
“A further complication might be that kids in a private garden next door are not in a public place - public place means a street, park, a shared driveway or [somewhere] public are entitled to go,” Gledhill said.
In 2021, Kāinga Ora said it was aware of “historic[al] issues” at the property involving police and “concerns about illegal behaviour”.
Neighbours said swastikas were painted on the street, and claim the man was seen giving the Nazi salute and celebrating the mosque terror attacks.
A petrified family said they were ordered to “get somewhere safe” and “get down on the floor” when Armed Offenders Squad members stormed the property in 2020, dragging the man from his home after reports of a firearm.
In another incident, a gang of youths allegedly smashed their way into the state house in search of the man, damaging the property and breaking windows. He escaped by jumping a fence into a neighbour’s yard.
One neighbour claims he was attacked with a pitchfork during a street brawl involving people associated with the house.
Speaking with the Herald, the neighbour said, “they get away with it every time”.
