Rusty Wins Disputes Tribunal ruling.
Order of Disputes Tribunal
12th August 2008
The conclusion.
That the respondent NPDC pay Rusty Kane damages.
NPDC Puke Ariki staff irreparably damaged “ Hands On”.the artwork exhibitBecause they took it down without Rusty Kane the Artists supervision or guidelines for correct dismantlement. Rusty Kane should have been advised and was not. There is a direct loss suffered by Mr Kane of trying to reassemble the artwork for sale.
Settlement undisclosed. $$$
Wednesday, November 19, 2008
Thursday, July 17, 2008
Back to Court
July 30th On the Grounds..
NPDC staff irreparably damaged “ Hands On”.the artwork exhibit
Because they took it down without my supervision or guidelines for correct dismantlement.
Puke Ariki staff were aware that the artwork was to be de-installed under my supervision.
Point (1) Why it is no longer repairable.
The damage caused by NPDC staff de-installing the artwork without informing me first to supervise its de-installment. Resulted in the exhibit being pulled apart from its original conception. Instead of leaving the work intact, NPDC staff pulled the painted hand towels completely from their dispensers, damaging the work. Without knowing the true measurements, I have no way of knowing were it starts or finishes. I can now only attempt to repair the work, only with a lot of my time effort and cost. Because the repair cost analysis is more than the sale price. 60 hrs work at $50.00 per hr $3,000.00 x 5 units= $15,000.00. I will have no facilities in which to try and repair the exhibit.
Value argument.
It is established the artwork exhibit “Hands On” was worth $8,000 on the open market. As that was the highest price someone was willing to pay, in its original condition and formate.
The highest sale price reached and excepted was $8,000. (page 20)
Puke Ariki management in particular Kate Roberts understood that I was to supervise the artworks installation and de-installation.(page 20)
NPDC staff irreparably damaged “ Hands On”.the artwork exhibit
Because they took it down without my supervision or guidelines for correct dismantlement.
Puke Ariki staff were aware that the artwork was to be de-installed under my supervision.
Point (1) Why it is no longer repairable.
The damage caused by NPDC staff de-installing the artwork without informing me first to supervise its de-installment. Resulted in the exhibit being pulled apart from its original conception. Instead of leaving the work intact, NPDC staff pulled the painted hand towels completely from their dispensers, damaging the work. Without knowing the true measurements, I have no way of knowing were it starts or finishes. I can now only attempt to repair the work, only with a lot of my time effort and cost. Because the repair cost analysis is more than the sale price. 60 hrs work at $50.00 per hr $3,000.00 x 5 units= $15,000.00. I will have no facilities in which to try and repair the exhibit.
Value argument.
It is established the artwork exhibit “Hands On” was worth $8,000 on the open market. As that was the highest price someone was willing to pay, in its original condition and formate.
The highest sale price reached and excepted was $8,000. (page 20)
Puke Ariki management in particular Kate Roberts understood that I was to supervise the artworks installation and de-installation.(page 20)
Monday, February 11, 2008
The re-hearing was a sham.
The notice of Pre-Hearing for a re-hearing was set for Wednesday 5th day of December 2007 at 10.45 AM.
At the pre-hearing I intended to produce three hostile witnesses from the library own council staff to back up my claims... but all three witnesses have since resigned from the council... I ask the court to summons them. My request was declined.
So instead at the pre-hearing I presented new everdance, a letter from a new witness as proof that I indeed went to the library in person in response to Kate Roberts emails as new everdance.
To whom it may concern
I do recall Rusty Kane coming to the library counter several times in December 2006 inquiring about seeing Kate Roberts. He seemed agitated and annoyed that he was unable to see her without making a prior arrangements or a appointment. I think at one visit when Kate Roberts was not available. I think he mentioned that it was something to do with his artwork Hands On and that he had a signed contract with her and that it was not his job to take it down or something to that effect.
I wish my name to remain anonymous to the respondents.
Library Officer.
Signed.
I also presented a email from the library CEO Bill Macnaught to Puke Ariki staff. Dated 22nd November.
Subject: Rusty Kane dispute. As one reason he was not able to put forward witnesses. Suggesting all his witnesses would be hostile and need to be summonsed...
The Letter.
I am contacting you regarding the dispute between Rusty Kane and Puke Ariki. You may already be aware that Kate Roberts and I were summoned earlier this month to attend a Disputes Tribunal to resolve a claim by Rusty Kane for breach of contract over the artwork he masterminded, using local children, a year ago. The decision of the court was to dismiss Rusty's claim. Although both parties in a Disputes Tribunal are supposed to treat the decision of the court as binding, Rusty has called for a re-hearing saying that he intends to summon witnesses from Puke Ariki staff with whom he spoke last December.
I therefore require you to think back to December 2006. If you have any recollection, whatsoever, of speaking with Rusty on the subject of his artwork that was hanging here at Puke Ariki please let me know immediately. We may need to make arrangements for you to attend the court hearing. I know he spoke with Danae Etches who of course no longer works here. It is important for me to double-check what conversations took place between Rusty and any other member of staff here regarding the artwork.
Many thanks
Bill Macnaught
Manager, Puke Ariki..
The re-hearing was not granted.. On the grounds that their was no new evidence.
I told the Disputes Revere this is complete bullshit...and that he was a joke...First he said there was a variation in the contract... On who should put up and who should take down the scaffolding... to erect the exhibit... I told him that was not even in the contract...the artwork just doesn't put itself up and take itself down... But the contract did state who did... and that Puke Ariki staff under my supervision... Then he said at the pre-hearing for the re-hearing that the email agreement made between myself and the CEO because of the broken contract, That the Artwork was to stay on the wall tell sold. Was not proof that a meeting took place.
What bullshit... And I told him so... Suggesting he take another career option... he said whats that... I told him Retierment.
Then left to fight another day... This time in front of the full council to state why I should be reimbursed for damages coursed by Puke Ariki staff dismantaling the work incorrectly without my supervision, distroying the work in the process.
On the Grounds that...
NPDC staff irreparably damaged “ Hands On”.the artwork exhibit
Because they took it down without my supervision or guidelines for incorrect de-installment.
Puke Ariki staff were aware that the artwork was to be de-installed under my supervision.
The Mayor now has declined my request to speak to full council.
The road to justice continues...
At the pre-hearing I intended to produce three hostile witnesses from the library own council staff to back up my claims... but all three witnesses have since resigned from the council... I ask the court to summons them. My request was declined.
So instead at the pre-hearing I presented new everdance, a letter from a new witness as proof that I indeed went to the library in person in response to Kate Roberts emails as new everdance.
To whom it may concern
I do recall Rusty Kane coming to the library counter several times in December 2006 inquiring about seeing Kate Roberts. He seemed agitated and annoyed that he was unable to see her without making a prior arrangements or a appointment. I think at one visit when Kate Roberts was not available. I think he mentioned that it was something to do with his artwork Hands On and that he had a signed contract with her and that it was not his job to take it down or something to that effect.
I wish my name to remain anonymous to the respondents.
Library Officer.
Signed.
I also presented a email from the library CEO Bill Macnaught to Puke Ariki staff. Dated 22nd November.
Subject: Rusty Kane dispute. As one reason he was not able to put forward witnesses. Suggesting all his witnesses would be hostile and need to be summonsed...
The Letter.
I am contacting you regarding the dispute between Rusty Kane and Puke Ariki. You may already be aware that Kate Roberts and I were summoned earlier this month to attend a Disputes Tribunal to resolve a claim by Rusty Kane for breach of contract over the artwork he masterminded, using local children, a year ago. The decision of the court was to dismiss Rusty's claim. Although both parties in a Disputes Tribunal are supposed to treat the decision of the court as binding, Rusty has called for a re-hearing saying that he intends to summon witnesses from Puke Ariki staff with whom he spoke last December.
I therefore require you to think back to December 2006. If you have any recollection, whatsoever, of speaking with Rusty on the subject of his artwork that was hanging here at Puke Ariki please let me know immediately. We may need to make arrangements for you to attend the court hearing. I know he spoke with Danae Etches who of course no longer works here. It is important for me to double-check what conversations took place between Rusty and any other member of staff here regarding the artwork.
Many thanks
Bill Macnaught
Manager, Puke Ariki..
The re-hearing was not granted.. On the grounds that their was no new evidence.
I told the Disputes Revere this is complete bullshit...and that he was a joke...First he said there was a variation in the contract... On who should put up and who should take down the scaffolding... to erect the exhibit... I told him that was not even in the contract...the artwork just doesn't put itself up and take itself down... But the contract did state who did... and that Puke Ariki staff under my supervision... Then he said at the pre-hearing for the re-hearing that the email agreement made between myself and the CEO because of the broken contract, That the Artwork was to stay on the wall tell sold. Was not proof that a meeting took place.
What bullshit... And I told him so... Suggesting he take another career option... he said whats that... I told him Retierment.
Then left to fight another day... This time in front of the full council to state why I should be reimbursed for damages coursed by Puke Ariki staff dismantaling the work incorrectly without my supervision, distroying the work in the process.
On the Grounds that...
NPDC staff irreparably damaged “ Hands On”.the artwork exhibit
Because they took it down without my supervision or guidelines for incorrect de-installment.
Puke Ariki staff were aware that the artwork was to be de-installed under my supervision.
The Mayor now has declined my request to speak to full council.
The road to justice continues...
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