Whangarei man awarded damages after council breaches privacy

Tuesday, 12 January 2016

A Northland man who became 'the most unpopular man' in his town after his privacy was breached by the local council has been awarded damages.

Wayne Deeming, who lives in the small town of Maungakaramea, south-west of Whangarei, took his dispute to the Human Rights Review Tribunal following a complaint spanning seven years.

The tribunal's just-released decision shows the saga began following an incident at the town's Mid-Western Rugby Club on 8 August, 2009.

Several fights broke out at the club and received media coverage, following which Deeming wrote to then-Whangarei Mayor Stan Semenoff about the brawl.

He admitted he had not been present, but claimed the club had a binge drinking attitude to alcohol.

The email was then forwarded by the mayor's assistant Ford Watson to councillor Shelley Deeming, who is the wife of a cousin of Wayne Deeming, who in turn forwarded it to the rugby club's president Paul McDowell.

McDowell then went to Deeming's house to ask him why he had not approached the club directly, but Deeming claimed he acted aggressively and was intimidated by the approach.

The tribunal judgment said that soon afterwards, an article appeared in the now defunct Truth newspaper, reporting on the club brawl and claiming Deeming was now 'the most unpopular man in Maungakaramea'.

McDowell was quoted as describing Deeming as a 'pompous git and whinger' and 'just a bloody idiot'.

The tribunal decision also reveals an email conversation between councillor Deeming and Watson where they jokingly refer to Wayne Deeming as a 'viper'.

Deeming was granted $2000 in damages by the tribunal, which agreed his privacy had been breached.

It reduced the amount, however, because of the time Deeming took to lay his complaint and the fact he had sent a similar letter to the Northland Rugby Union.

Speaking from his home in Maungakaramea, Deeming said the conflict had destroyed his life and he now rarely left his house.

'It's only a little village, when you walk through it you don't know who is sneering at you…you don't know who is looking sideways at you so I've basically withdrawn.'

His health had also suffered and it had caused a rift within his family.

He had yet to receive an apology from anyone involved and doubted he would.

'I just think the behaviour of the people at the council and the council itself has been disgraceful.'

Deeming believed he was hated by the council because he used to be part of a public group that attended council meetings and monitored the organisation's transparency.

Councillor Deeming admitted that with hindsight she could see sending the email to the rugby club had caused upset.

At the time she believed she was simply forwarding the complaint onto the relevant people to address.

'After seven years of this drama hanging on I'm just happy we've come to a conclusion.'

When asked about her email conversation with Watson, she said it was a 'tongue and cheek' private conversation.

McDowell was unrepentant when contacted and said he had never intimidated or harassed Deeming.

'I call him a public nuisance really, that's all he is, he just harasses people until they slip up really.'

The Northland Rugby Union had informed him of Deeming's letter to them before he heard from the council, so it was clear there was no expectation of privacy.

Deeming was constantly writing the club and the council letters, which was a massive waste of resources, he said.

'I would like to expose how much of a nuisance he's been.'

EMAILS BETWEEN COUNCILLOR DEEMING AND THE MAYOR'S EXECUTIVE ASSISTANT FORD WATSON, AS PUBLISHED BY THE TRIBUNAL

Watson to Deeming - 'Hello Shelly. The latest from your perpetually peeved, puerile, petulant pal.

Deeming to Watson - 'This is outrageous bulls**t…I will let the locals know that they have a viper among them and need to have a response ready.

Watson to Deeming - 'But, yes, let his community know that he seeks to besmirch them.

Deeming to Watson - '[name redacted] said he hoped the rugby president didn't know where lives but it seems he does…Four hundred Mid-Western rugby supporters will not be happy - tee hee.

Watson to Deeming - 'Excellent! And typical of him not to bother with the facts when rushing to smear you and Stan'

Watson to Deeming - 'Hello, Shelley? Any lynchings out your way over the weekend?'

Deeming to Watson - 'Last I heard the club president thought he might have a visit from the constabulary after having given a summary of his background when they met on the open road this morning. I had suggested that no-one should visit at his property in case it gave him the opportunity to further misconstrue facts. They managed that but meeting him on the road was apparently too good to miss.

Watson to Deeming - 'It would be a shame should Mr McDowell get himself in trouble after being provoked by this sour fool. I think the defence of provocation would be perfectly justified in this case…I am not at all surprised that Maungakaramea is filthy on Mr Deeming. His warped ego blinds him to his puerility and stupidity.'