Wednesday, November 7, 2007

Seeking Justice (The Rehearing)

All the same breed W*_ *_ *_ *_ *_ *_

Reason for rehearing........
None of my witnesses were available at the meeting to verify my claims.
I had already won the dispute with Puke Ariki management with a meeting with Bill Macnaught after taking advice from Lynn Bublitz to do so. On the fact that I had a different view point of events of a meeting with Kate Roberts. For who's job it was to put up the scaffolding and who was to take the scaffolding down and to whom I thought was responsible, resulting in me I believed in loosing a $8000.00 sale. The result of this meeting agreed between myself and Bill Macnaught because of this depute and listening to my version of events he agreed and made a verbal agreement with me to leave the Artwork “Hands On” on the wall were it was until sold, if it did not sell for $8000 or above that Puke Ariki would make up the difference. He also agreed that Puke Ariki would do some promotional work on my behalf and on my request that it be done in a professional manner that you would expect of Puke Ariki. I also said that I cant work with Kate Roberts, I believed she had a conflict of interest and our personalities clashed. I also agreed to keep Bill Macnaught informed on the progress of “Hands On” as he requested, and that when it was sold I would inform Puke Ariki and would arrange for it to be picked up as per original contract.. No other requests or stipulation, duration time or agreements were entered into by either party. Other than it would stay on the wall until sold.
My depute with Puke Ariki is that Artwork “Hands On” has not sold, yet they took it of the wall without notice before even contacting me, breaking our agreement, made between Puke Ariki manager Bill Macnaught and myself that the Artwork was to stay were it is until sold. That was made because of a prier depute on who should have dismantled the Artwork that resulted in me loosing a $8000 sale. And that I had signed contract between Puke Ariki and myself.
My first notice of hearing of applicant was and still is a claim of breach of Contract and agreement. Not for the lost sale of $8000 or for the fact that I had a disagreement over who should have put the scaffolding up or not....or if I had not replied to two of Kate Roberts emails that I don't have, that suggested she thought that I should supply the scaffolding to remove the Artwork. I had a signed contract with Puke Ariki that supported my view that that was their job not mine.. And the later agreement between Bill Macnaught and myself was put in place because of that earlier depute and disagreement.
on legal advice I disagree that a signed contract between to parties is not permissible or won't stand up in court, just because I had not responded to two emails of Kate Roberts. To whom I was no longer dealing with. But I did respond by going to Puke Ariki personally and because she would not see me, I instead left messages with her staff to pass the message on that it is not my job to get the scaffolders in, tell her to read the contract. Their were several emails that I responded to in person and not by email. I only retained the emails I or Puke Ariki responded to by email (luckily). And I intend to call Puke Ariki staff as witnesses to back up my claims at the deputes rehearing.

Rusty Kane NP.

Thursday, September 13, 2007

Dispute On "Hands Down"

Artist sues after gag on work

Political activist and artist Rusty Kane is taking the New Plymouth District Council to court because his artwork Hands On has been deemed a political statement and removed from Puke Ariki.
Puke Ariki manager Bill Macnaught told Mr Kane the artwork had been removed because Mr Kane had a letter published in the Midweek revealing Hands On contained a political message and was dedicated to Paritutu people exposed to dioxin.
Political leader Rusty Kane has been running a letter-writing campaign in the run-up to the local body elections. He is standing for both the Taranaki District Health Board and Taranaki Regional Council.
He says he wants to donate the money for the sale of Hands On, which has a price tag of $15,000, to the lobby group CEPRA
( Chemically Exposed Paritutu Residents Association).
Mr Kane now wants the council, which owns Puke Ariki, to pay him $7500 - the maximum allowed through the Disputes Tribunal.
He alleges that he first missed out on a sale of $8000 before Christmas last year when the council did not take the artwork down for a potential buyer and more recently because the artwork is no longer on display after it was taken down from the Puke Ariki library wall.
Mr Macnaught confirmed the artwork was removed after Mr Kane's letter. Part of his role was to ensure Puke Ariki was politically neutral.

Friday, September 7, 2007

SPECIAL SIGNIFICANTS

Rusty Kane – “Hands On”
07/09/2007
The agreement I had with the management of Puke Ariki after the had broke their own contract with me last year, resulting in me loosing an $8000 contract sale. Was that “Hands On” was to stay where it is on the south wing wall of the library until it sold for $8000 or more, if it did not sell for the full amount $8000 Puke Ariki would make up the difference. No other arrangements were made or time limits set.
The Puke Ariki managements reason for taking “Hands On” down so abruptly was “…Because it was drawn to the manager of Puke Ariki attention that I was promoting the piece as a political issue in a letter to the editor, also that I am a candidate in the local body elections. Puke Ariki has to be trusted by the community as a politically neutral service leaving them no choice but to remove the piece…”
Well Hello… It always has been a social political piece. The fact that the management of Puke Ariki is taking it down is political and it is about politics. The reason I will be seeking legal action through the judiciary is because of their breach of contract and agreement. The management of Puke Ariki acted politically when they decided to take the art work down, they were also disappointed that I went over their heads to circumnavigate their decision. This obviously hurt their feelings and they acted negatively towards me because of it.
Just because the NPDC management has a problem with me standing in the local elections is irrelevant. There is no need to take it out on the artwork itself. “Hands On” from the beginning has always had an artistic, social and political meaning. It’s art for goodness sake. It is suppose to provoke public comment in today’s society. I am saddened that the NPDC management picked such a grievous time for CEPRA for whom the artwork has special significants. It was wrong to take it down at a time when CEPRA had just lost a dearly loved member.
The Puke Ariki management should at least have the decency to discuss the thing first with me before deciding to dismantle the work. I would have told them that now is not the time in respect of that member and the Paritutu residents for which I have just dedicated the “Hands On” and the exhibit to them and their recently deceased member in their honour. This artwork depicts their struggle to be recognised for the chemical exposure.
The NPDC management have in my opinion stooped to new lows of disrespect to its community and ratepayers. Their thoughts have been reflected in this manner for the last 7 years when they started to disregard their ratepayers to the north in Waitara over the leasehold lands. The chaos there was also cause by broken promise and disrespect to that community. This formed the Waitara Leaseholders Association Inc that brought about legal action that has also cost the NPDC great amounts of money.
I can only conclude that the “Hands On” exhibit was so successful as a community art project in a public place that it has become an embarrassment to the council. The NPDC spends around $3 Million dollars per annum on art projects they choose (and in my opinion they don’t even know the meaning of art) yet when the community liked “Hands On” at no cost to the ratepayers. The comments book reflects and proves this statement. So they get rid of it pronto sighting it as being political?
I note Michael Smither’s first page comment in the comments book that went with the exhibit;
“Political comment in art is the most dangerous and the least effective form of art.”
I have to agree it is dangerous, but I would have to disagree, it’s been very effective in spite of and considering the NPDC management’s action to remove it so suddenly. Removing the art work will not remove their responsibility to the people of this district “the ratepayers”. “Hands On” will now always have a place in the hearts of the Paratutu residents.
“Art is the best form to effectively record and effectively communicate the historic past” Anon

Rusty Kane
Artist

Wednesday, August 15, 2007

HANDS-ON GET THE THUMBS UP!

MANY HANDS MAKE HANDS-ON GET THE THUMBS UP!
A controversial installation art piece by well-known New Plymouth artist designer Rusty Kane and created with the help of dozens of young artists from around New Zealand and overseas, is on display in the South wing of Puke Ariki.
Entitled “Hands On - One or Many of These Hands Will Be Famous” the work signifies main stream views of young adolescent teenagers today.
The exhibit features five towel dispensers placed at different levels with the towels unravelled to full-length. The towels display different hand marks and prints from many children who contributed to the project.
“The art reflects what the older generation thinks of the younger generation and the length of the towels represents how much rope youth have to play with and how much control has been lost by the parents while at the same time the government takes control from parents as well. The towels also seem to be tongues of the younger generation poking out at the older generation in defiance and disrespect,” says Rusty.
Rusty Kane explains the colours on the towels signify the change in language used by younger people and the creative way in which they use it. “Youth language can often come across as colourful and nonsensical to the elderly and purists,” he says.
“The dispensers symbolise the controllers of the language and younger generation and that control has been lost by the older generation. The dispensers have no eyes or ears signifying that youth don’t seem to hear or see and the grouping of five represents a group of youth together, a gang.”
Rusty Kane was born in New Zealand in 1953 and after moving to New Plymouth in 1975 was inspired to become an artist by renowned Taranaki artists Michael Smither and Don Driver. He has exhibited internationally and in New Zealand.

ENDS

For further information please contact:
Rusty Kane
topps@kol.co.nz