By WAYNE THOMPSON
The Ombudsmen's Office says unreasonable action by the Waitakere City Council fuelled a dispute that has gone on for seven years over ownership of relics from the New Lynn potteries.
Ombudsman Anand Satyanand says the council acted unreasonably in calling police to throw out a man who was disputing ownership of artefacts for the historic Ambrico Place Kiln.
Before the incident in September 1993, the man, Richard Quinn, was an active member of the committee working for restoration of the kiln, which the council intended would become a museum. In his report to the council this week on Mr Quinn's complaint, Judge Satyanand said Mr Quinn had thought he had control over or ownership of material being lent for display. He believed that security at the kiln was inadequate and that he had a right to remove his property.
The council, on the other hand, did not want him to remove anything because the ownership was uncertain, and arranged for the locks on the kiln to be changed.
When Mr Quinn tried to remove some items the council had the police eject him, and served him with a trespass notice.
Judge Satyanand said this action was unreasonable for what was a civil contract rather than a criminal matter.
"In my view the council's omission to ensure that ownership issues were clarified means that it fell short of the standards reasonably to be expected of a public body in such circumstances."
The Ombudsman said the issue of who should retain control of the property stored in the kiln remained unresolved.
This was despite the council's making some genuine attempts to settle matters.
Recently the council's acting chief executive, Harry O'Rourke, had offered Mr Quinn a council apology for distress over the past seven years and to allow him to retrieve any material he considered was his. Judge Satyanand said Mr Quinn did not want a separate apology.
On Tuesday night, the council pushed for reconciliation.
It asked councillor Ross Dallow to continue as convener of a special committee which will have authority to settle Mr Quinn's complaint and any related compensation claims.
Mr Quinn's lawyer, Andrew Cook, told the council Mr Quinn wanted compensation which acknowledged the way the council had dealt with him.
The kiln items were moved to secure storage 18 months ago.
Brickbats for council over New Lynn kiln
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