Rich-lister can claim water theft
A property developer has won the right to restore signs alleging stolen toilet water, after the High Court lifted an injunction ordering them to be taken down.
Property developer and richlister Eyal Aharoni erected a number of signs on and around the entrance of his St George Hotel in central Wellington, claiming Arrow International NZ, who were working on the site next door, were stealing from him.
They were accompanied by a photo of Robb Noble, a project manager for Arrow.
The notice said Noble ‘‘organised the theft of property belonging to Hotel St George and unlawfully disposing substances into its drainage system’’.
Aharoni said the firm was using the water from St George Hotel – famous for once playing host to The Beatles – to service the Boulcott Suites construction site. He claims the theft of the water indirectly caused a flood.
Noble and the company filed for an interim injunction – which was granted – claiming the letter defamed them and forcing Aharoni to take the signs down.
However, a High Court judge has ruled Aharoni is entitled to freedom of expression and quashed the injunction, after the developer indicated that he would prove the allegations were true.
This means Aharoni can put the signs back up if he wants to.
Aharoni is currently overseas on business, but said he had not yet ‘‘considered my options’’.
Arrow International NZ chief executive Mark Hopwood said the ruling was disappointing.
Court documents show that months after Arrow started work on the $15 million building in 2014, it agreed to lease space in the basement of the St George with Aharoni’s company 124 Willis Street (WSL).
Arrow would pay $24,000 rent per year and a proportion of outgoings, including water.
At the same time, Arrow entered into discussions about the possibility of adding portable toilets outside the leased office space so the workers would not have to go inside the St George in their construction gear. Arrow claimed that with the agreement and consent ‘‘of an agent of WSL’’ it set up the toilets and connected them to St George’s water service.
In August 2015, there was a flood in the basement of St George, which was later found to have been caused by the blockage of the sewer with a large piece of building debris stuck in the main drain access.
Arrow admitted it connected the construction site’s sewer, and discharged surplus stormwater into St George’s sewer and drain.
However, it does not accept that this caused the sewer blockage.
The dispute about Arrow’s water usage arose two months later. Aharoni emailed Noble asking if the firm had been using St George’s mission.
Noble responded that the company thought use of the water was reasonable, given it had a lease and the right to use the services.
After that email exchange, Arrow disconnected from the water without per- supply and offered to pay for the extra water, but subsequently queried the bill when it arrived.
Aharoni complained to police about the water in March.
According to the NBR rich list, Aharoni, a former Israeli army major, is worth $70 million.