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Taakoka gets relief against forfeiture
Man fined $20 for cruelty to pigs
Vet says fine is ‘laughable’
Taakoka gets relief against forfeiture
Thu
22 Oct
A decision has been delivered by the chief justice on a long-running case between Taakoka Island Villas Ltd and landowner Ruth Tupangaia.
An application for relief against forfeiture was lodged by TIVL in January last year after a notice was issued over a property in Muri by Tupangaia in December 2007.
The notice, which was issued by Tupangaia’s agent, Travis Moore, claimed the TIVL owed rent and a percentage of income in arrears, and did not keep buildings and graves on the property in good condition as required by the lease.
The notice, and consequential application, came at the end of a protracted period of litigation – including a court of appeal hearing – between the parties since the 60-year lease was granted to TIVL in 1988.
Chief Justice David Williams, in his judgement, was critical of the conduct of the landlord.
“As noted several times by this court in the long history of these proceedings, including by its decision to grant an injunction and its subsequent order for contempt, the conduct of Mrs Tupangaia and her agents has left much to be desired.
“The marked divergence of the present submissions from the grounds upon which the notice was issued and the obdurate invocation of claims already heard and determined further incline this court against a refusal of the application.
“The court is not persuaded any damage will occur to Mrs Tupangaia if Taakoka is granted the relief it seeks. Taakoka has to this point being repeatedly interrupted in its attempts to develop the land as it is entitled to.”
The chief justice said that TIVL would appear to have at all times been willing and ready to pay rent, and that when the notice was issued in 2007, no rent was owing.
“Given the limited nature and gravity of any breaches which have occurred and the court’s finding that at the time the present notice was issued, no rent was in fact in arrears, it would be wholly disproportionate to allow forfeiture in the present circumstances.”
Accordingly, the chief justice ordered that the present application be granted and Taakoka allowed relief against forfeiture, that the notice of December 6, 2007 be void and of no effect, and that the injunction against mining sand on the land remain in force.
“My provisional view as to costs is that the applicant [TIVL] is entitled to an award as a successful party and indeed that there may be a case of indemnity costs,” said the chief justice.
TIVL has 21 days from the date of judgement – October 6 – to apply for costs and the respondent has 21 days to file any submissions, to which the applicant has seven days to file a brief reply.
The court will then deliver a separate judgement on costs.
Man fined $20 for cruelty to pigs
Fri
23 Oct
The man responsible for the malnourished pigs received a $20 fine in the high court yesterday.
Simione Ravuceva pleaded guilty through his lawyer Lavenia Rokoika on a single charge of cruelty to animals. The case was heard before justice of the peace Tika Matapo.
The 40-year-old defendant was the caretaker of 18 pigs, ranging from fully gown to piglets, belonging to JP Tauei Solomon. Last Tuesday, Esther Honey discovered the animals dehydrated and starving. A pig had already died and the others were climbing over its carcass.
Police prosecutor senior sergeant Tuaine Manavaroa said when questioned Ravuceva admitted to being responsible for their condition.
Rokoika said this charge was “one of a kind” and for the last five years she’s been here has never come across a charge of this nature.
“He is married and has a young child, he is very remorse and knows what he has done is wrong,” she said.
“He’s been looking after the pigs the last eight years and until recently he tried to change their diet.”
In mitigation, Rokoika said he fed them pink maniota that contained a chemical which they reacted badly to.
“He noted the change and wasn’t sure what to do. After the bad publicity in the newspapers he changed their diet and would like to inform the court the pigs have grown fatter,” she said. They also have a bigger more open pen.
“He apologises to the owner JP Solomon and also apologises to the general public and specifically Esther Honey.”
The defendant’s lawyer made a submission to have the case discharged without conviction.
“Given the gravity of this offence – this is a first charge of this nature and because of the low scale penalty in the act.”
Under the Criminal Procedures Act, the maximum fine for cruelty to animals is $20 or one year in prison.
Rokoika also sought name suppression if the charge was to be dismissed.
Police prosecution objected to suppressing the victim’s name saying there was nothing sensitive to the case.
Before sentencing, JP Matapo asked where the owner was.
Solomon was not present in court yesterday and had been overseas when the charge was laid. However Rokoika said he was now back in the country.
Ravuceva was convicted and sentenced to pay a $20 fine and $30 court costs.
Vet says fine is ‘laughable’
Fri
23 Oct
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The vet who treated the malnourished pigs says the punishment of a $20 fine is “laughable”.
Esther Honey volunteer vet Gabrielle Dampney attended to the 18 emaciated animals in Blackrock after a member of the public contacted them. She says they were frantic for food and water and were clambering, at times on a dead pig, to get out of their pen.
Dampney believes the maximum sentence dealt to the caretaker needs increasing to deter others from committing animal cruelty.
Simione Ravuceva was convicted in the high court yesterday and was ordered to pay $20 and $30 court costs. The 40-year-old was looking after the pigs belonging to Tauei Solomon.
“I think it’s very sad, why have an animal cruelty act if the maximum fine is only $20,” Dampney says.
Under the Criminal Procedure Act the maximum penalty for animal cruelty is $20 or a year in prison.
“People need to be accountable for the welfare of their animals. You need to have a proper fine – $20 is laughable, people have to be worried about getting caught and increased consequences are needed.”
Ravuceva’s lawyer Lavenia Rokoika told the court her client had tried them on a new diet of pink maniota which they reacted badly to. She also said they were now on a new diet and were looking fat.
“What was it, weight watchers?” Dampney says. “He hasn’t changed their diet; he’s just now given them food.”
The animals were still being fed by Esther Honey since they were first discovered last Tuesday.
Dampney will continue to monitor the pigs until she returns home to Sydney next month. She says members of the community have volunteered to keep an eye on them.
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