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National | Housing

Waterfront gang properties seized by Crown fail to sell. What now?

A year after they were first put up for sale, pristine Bay of Plenty waterfront properties currently occupied by a senior Mongrel Mob member have had no takers.

Stuff revealed in October that the properties – formerly owned by the town's Mongrel Mob president, Valentine Nicholas, until they were seized by the Crown under proceeds of crime legislation – had been on the market since last April.

Nicholas and his family continue to live at the properties and are refusing to budge.

The agent handling the sale on behalf of the Official Assignee, Roger Seavill of Colliers, said there was a “tonne of interest” after the Stuff article, and at one point an acceptable offer was made.

But it fell over.

“They knew the background, but during their due diligence they decided not to proceed.”

Three for sale

Adjoining properties at 631 and 633 Maketu Rd – and one across the road – number 634 – are for sale. Seavill said the adjoining properties were being sold together because buildings straddled the sections but they were separate titles and could be developed as such.

He said it was a tough listing.

“As you can imagine, with the fear of collateral damage, it’s not an easy thing for buyers to digest, but we’ll get there in the end.”

When Nicholas was first served with an eviction notice in 2020, dozens of people – including gang members, activists, lawyers and politicians – descended on the property, vowing to stop the eviction, claiming it was Māori ancestral land.

A sign on the fence outside the main property says the local hapū has “unqualified sovereign jurisdiction” over the land, and kaitiaki (guardians) “reserve the ... right to remove any ... aliens at any time.

Potential buyers told

“All presumed claims of title or right in and over our whenua ... are not recognised and thus have no validity.”

Seavill said he was upfront with potential buyers. “They know from day one how this listing came about.”

Any sale and purchase agreement would guarantee vacant possession, he said. “Rather than remove the occupants now, at this stage they will be removed once there is an acceptable offer.”

Seavill said there had been interest from locals and buyers from further afield but inspections were not possible because of Nicholas’ presence.

“No one actually knows what the houses consist of. But no one has said ‘I’m going to remove all the buildings and build a condominium’, or anything.

“The attraction is that it’s on the sea, a coastal aspect, and 15km from Te Puke.”

All offers considered

Seavill refused to say how much would be an acceptable offer, only that “we encourage all offers”.

According to property records, the waterfront block had a rateable value of $520,000 in 2019, while the one across the road was valued at $333,000.

Seavill remains optimistic.

“I’m in discussions with the Official Assignee all the time. We’re always discussing ways and means to achieve a result. It hasn’t been cancelled or put on the back burner, it’s a live issue.

“All things sell in the end.”

Business Ministry national manager of criminal proceeds, integrity and enforcement Pete Seufatu, said the Official Assignee periodically reviewed its strategy for selling the properties in conjunction with Seavill and legal advisers.

“The sales are an ongoing operational matter. The properties remain on the market and the OA continues to assess its next steps.”

- Stuff.