A leading Wellington artist Barry Thomas is being evicted by WCC for his art

Barry Thomas has been on the Wellington art scene since the 1970s.  He latest exhibition was at the New Zealand Academy of Fine Arts on the Wellington waterfront (August to September 2010).

“Barry Thomas is an important Wellington based artist. His 1970s work has recently been included in ‘Welington: A City for Sculpture” (Jenny Harper (ed.) and he has received a range of industry grants for his innovative RADS – short films inserted in free-to-air television advertisement space between programming. These works were endorsed by Creative New Zealand and selections have been shown in international fringe film festivals. Thomas is a committed community figure. His artistry is socially based. His works are not everyone’s cup of tea, but Thomas’s sensibility and his aspirations are driven for the greater good. Social and community based projects have been undertaken by Thomas in New Zealand, London and Manchester where he collaborates directly within underprivileged children, and those who face day to day difficulty.”

But his art is too fruity for the Wellington City Council.  If you thought that Wellington was the creative and cultural capital, think again.  We are heavy handed thugs.

On 14 June 2010 WCC served a 90 day notice period of termination on Mr Thomas at his Brooklyn Road home.  Mr Thomas considered that the notice was ‘retaliatory’ and sought an order in the Tenancy Tribunal declaring it ineffective.

Mr Thomas’s problems began when he was asked to exhibit artworks in WCC’s “Complex Creatives” exhibition in May 2010.  The exhibition director questioned some of the works and Barry withdrew them all.  He then submitted a further work called ‘Hot Land Lady”.  On 20 May a WCC staff member circulated an email to senior staff saying “Surely we cannot tolerate or accept this.  Either as an entry in the exhibition or in terms of his ongoing behaviour as a tenant.”  Mr Thomas is also chairperson of the Pukehinau Tenants Group.  WCC also raised concerns with the Police on 21 May. They took no action. The council told the Police they would terminate his tenancy anyway.

Mr Thomas put all this in evidence before the Tenancy Tribunal.

The Wellington City Council told the Court:

“WCC City Housing states that it wishes to end Mr Thomas’s tenancy by giving the required notice, and states that it did not issue the notice in retaliation for the works Mr Thomas submitted.”

The Court did not believe them.

“On the available evidence however I consider that the notice is connected with the submission of the art work, and I find it more likely than not that the submission of artworks, at least in part, motivated the landlord in giving the notice to terminate.”

Unfortunately the law does not give the tribunal much latitude to apply general law principles to tenancy relationships such as fairness or anti-discrimination.

“Section 51 provides for a tenant or a landlord to give notice to terminate a periodic tenancy. There is no requirement to give a reason.”

Read the judgment for yourself and weep at a gross waste of ratepayer funds and case of schoolyard squabbles managed poorly.

Mr Thomas has to leave by 11 November. Within 20 days he’ll be homeless. And for what? A painting, or a statement of intent that got out of hand. Shame on you Wellington City Council.  Inclusive except for one.

And the offending artwork.

I will report on the role of staff and the ever unhelpful Stephanie Cook in later posts. Watch this space!