Latest news with #TracyNeal
RNZ News
2 days ago
- RNZ News
Tenant quits lease after apartment hits almost 44C, bond refunded
By Tracy Neal, Open Justice multimedia journalist of File pic Photo: 123RF A tenant says the sweltering heat inside their apartment reached temperatures well into the 40s - ruining a laptop, killing pot plants and requiring medicines to be stored in a car where it was cooler. Now the tenant has been allowed to break a year-long lease and get their bond back, a month after moving in. It comes after NZME reported concerns this year that tens of thousands of Auckland families would suffer in overheating terraced houses and vulnerable people could risk "dying of heatstroke" unless construction designs changed. That story described how large windows, a lack of eaves or other shade, no consideration of a property's direction towards the sun and poor ventilation were causing overheating in old and new builds. In this instance, the tenant, whose name was suppressed after a Tenancy Tribunal hearing, said the excessive heat inside their one-bedroom, sixth-floor apartment was evident soon after moving in. The building, in an undisclosed location, was managed by a body corporate, but the landlord remained liable to the tenant under the rental agreement and by law. On a day in March this year, the tenant recorded the temperature inside the east-facing unit at 43.6C before midday. The next day, the mercury had risen to 38.5C before 9am, even with the living room window open and after the air conditioning had been running, according to evidence presented to the tribunal. The tenant said it was difficult to sleep in such heat, pot plants didn't last beyond a day and that it was not safe storing a co-tenant's medication inside the apartment, so they left it in a car. The tenant said the heat had caused the battery in a laptop to expand, damaging the computer beyond repair. The tenant also said the windows in the apartment did not open wide enough to allow sufficient draught, but the landlord disagreed and suggested the tenants "had not been using them properly". The landlord also took temperature readings in the living room with the curtains closed and then open. The afternoon temperatures, 26.4C and 28.3C were high, the tribunal said, but not as high as those recorded by the tenant. The landlord also produced a Healthy Homes Standards report showing that the unit complied with the applicable ventilation requirements. In a recently released decision, the tribunal ordered the $2440 bond be returned to the tenant, plus partial reimbursement of electricity charges it cost to run air conditioning, over and above standard power charges. The tenant was surprised to receive two invoices totalling $96 to cover the cost of running the heat pump/air conditioning unit while they lived there. However, the landlord said they had explained at the start of the tenancy that the power supply to the air conditioning unit, which was based on usage only, was controlled by the body corporate and invoiced separately. The tenant paid the invoices but claimed there was insufficient evidence to support the calculation of the charges or to prove the usage claimed was exclusively attributable to themselves. The landlord produced spreadsheets provided by the body corporate, which they claimed set out how the charges were calculated. The tribunal said that based on the evidence, it accepted the tenant's submission that the method of calculation was unclear, but there was no dispute that the tenant had used the air conditioning unit and was therefore liable for some of the costs claimed. The tenant's application to reduce the fixed term was dismissed. Agreement was instead reached between the tenant and landlord to end it earlier than the contracted date. A new tenancy began on 11 April, the tribunal said. The New Zealand Property Investors Federation told NZME that investors should do due diligence on any property they buy, especially in light of recent media coverage about hot townhouses. Advocacy manager Matt Ball said there was nothing in the tribunal's decision, or in general, to say that new townhouses would not make a good investment. He said there were opportunities for investors willing to do any necessary remedial work, such as installing ventilation or air conditioning. -This story originally appeared in the New Zealand Herald .
RNZ News
7 days ago
- General
- RNZ News
Nicolas Shaun Miller's ‘cry for help' exposes serious addiction to child exploitation material
First published on Tracy Neal , Open Justice multimedia journalist Nicolas Miller told the police after he tried to take his own life that he had a 'serious addiction to child porn' and was afraid his offending would worsen. He has been sentenced to three-and-a-half years in prison. Photo: Open Justice via New Zealand Herald / Tracy Neal Warning: This story covers topics including online child exploitation and attempted suicide that may be upsetting to some readers. A man's attempt at taking his own life opened a Pandora's Box on his addiction to child exploitation material. Now a judge has deemed the man's quick confession to the police was a cry for help but said it didn't excuse his actions. Nicolas Shaun Miller told the police after they found thousands of items of objectionable material on his computer that he had a "serious addiction" to what he called "child porn". The confession to the police came about in "unusual circumstances", Judge Jo Rielly recently said in the Nelson District Court. Crown prosecutor Daniel Baxter said it was a sad situation for all involved. Defence lawyer Mark Dollimore said in some ways, Miller's addiction had almost killed him. The 31-year-old had been living alone in a caravan in Murchison, in the southern Tasman District, in what Dollimore described as "squalid conditions". Miller said he led a "boring, monotonous life", and, when he was not working, he played video games and drank to excess. He no longer had much contact with family, he was alone and isolated, Dollimore said. He said that on 17 November last year when Miller had tried to end his life he had consumed cannabis, watched pornography and the reality of his situation and his addiction had overwhelmed him. Miller was taken to Nelson Hospital and treated for serious self-inflicted wounds. "He came very close to killing himself. It was touch and go for him in ICU," Dollimore said. Miller later said he had tried to take his own life because he knew he had a serious problem that he struggled with, but didn't know where to reach out for help. Miller believed his addiction might lead to contact offending with a child which he feared he might not be able to resist, and that he favoured a "particular type" which he himself found abhorrent, Judge Rielly said. She said Miller's effort to speak up was a cry for help, but it didn't excuse the illegal behaviour. He was sentenced to three-and-a-half years in prison on seven charges, one of which was a representative charge, of knowingly possessing an objectionable publication. It wasn't until after mental health services had assessed Miller in November that a police investigation followed and he was charged. Miller had told a mental health staff member that he had been viewing "child porn" for the previous two or three years, and the police were notified. After a search of his address, several electronic items, including a computer tower, were seized. Forensic examination of the tower suggested it contained objectionable material on about 16,000 files. A subsequent search confirmed 14,146 items as objectionable. Miller had also accessed websites that had bestiality content on them. The representative charge covered an "extensive number" of images found on a hard drive, some of which were classified as the most serious of their type. Miller told the police that he viewed the images daily because they "excited him" but he knew he had a major problem. Miller also told the police he understood that viewing child exploitation material was not a victimless crime, and that children endured "horrific atrocities" in the making of such material, fuelled by viewers such as himself. Dollimore said Miller had "fessed up" early and had co-operated with the police in every way he could, and that he was desperate for help. Baxter said it was Miller's honesty that led to his offending coming to light, and the Crown was not opposed to credit being given for Miller's request for help. Judge Rielly said that from everything Miller had said, not only was he feeling extremely low about himself, but he was also very concerned about where his addiction might lead him. Judge Rielly said Miller also knew his behaviour could change for the worse and he did not want that to happen. In setting a prison starting point at five years, Judge Rielly said although Miller's relationship with his family was now strained, he had not sought to blame anything about his background for his offending. He was given credit for his early guilty plea and for demonstrating his remorse, his shame, his insight into the offending and his readiness to rehabilitate, to arrive at a sentence of three-and-a-half years on the representative charge and two-and-a-half years on the remaining charges, to be served concurrently. Miller was automatically registered as a child sex offender. If it is an emergency and you feel like you or someone else is at risk, call 111. -This story originally appeared in the New Zealand Herald .
RNZ News
21-05-2025
- RNZ News
Union calls for tougher laws after stevedore falls from cargo ship at Port Nelson
By Tracy Neal, Open Justice reporter of Port Nelson was fined $110,000 over the incident involving the Maersk Nansha. Photo: Open Justice / Stephen Overton. A union has called for tougher laws to protect workers on foreign ships in New Zealand ports, after a stevedore plunged 12m into the sea from the deck of a cargo ship. But the government says making such a change would be "complex" and "difficult". Port Nelson has been fined $110,000 over the incident in January 2023 when a guard rail on a ship, Maersk Nansha snapped as the stevedore was helping load containers. The port company was also ordered to pay $5000 in emotional harm reparation to the victim, who suffered not only physical injuries but a form of post trauma disorder from the near-death experience. He told the Nelson District Court during sentencing earlier this month that he thought he would drown after falling into the sea at night, not knowing which way was up or down. "Falling from a great height into the water was terrifying. I thought I was going to die," the man read from his victim impact statement. Port Nelson Ltd had earlier pleaded guilty to a charge brought by Maritime NZ under the Health and Safety at Work Act, around its failure to provide a duty of care in a work environment. Judge Jo Rielly acknowledged at sentencing that problems with the guard rails on the container ship had previously been flagged, but for a number of reasons it appeared the message had failed to reach the right people. "The focus must be on Port Nelson's role in what occurred in this incident, but it's clear they were not the only company that had a role in events," she said. The Rail and Maritime Transport Union said the sentencing outcome showed the "urgent need" for stronger health and safety enforcement in New Zealand ports, but the spotlight also needed to go on the seaworthiness and safety of international vessels calling at New Zealand ports. Union general secretary Todd Valster said that while the fine acknowledged a breach of duty by the port company, the issue was a systemic one. He said the fact that known issues with the ship's guard rails were not adequately addressed was a serious indictment. "This was a horrifying ordeal for our member that could have easily been fatal." NZME has approached Maersk's media representatives in Europe and Asia for comment, but has not received a response. Valster said the need to ensure a safe working environment included "rigorous checks" on the seaworthiness and safety compliance of all visiting vessels. Associate Transport Minister James Meager, who has delegated responsibilities for the maritime sector and oversight of Maritime NZ, told NZME that the Government had no current plans to expand the liability of the Health and Safety at Work Act (HSWA) legislation to encompass foreign-flagged vessels. He said maritime safety was governed by international conventions and without international agreement, applying local law to operators operating out of other jurisdictions would be difficult. "Making such a law change would be complex," Meager said. However, he said Maritime NZ had several tools to hold foreign-flagged vessel operators to account, under port state control. "There are some instances where a foreign-flagged vessel will be subject to HSWA, such as, where a New Zealand company is operating them under charter, where it is operating between New Zealand and a workplace involved with mineral extraction in the EEZ [Exclusive Economic Zone]." The union said it would continue to advocate for the safety and wellbeing of all rail and port workers. * This story originally appeared in the New Zealand Herald .
Otago Daily Times
13-05-2025
- Otago Daily Times
Former NZ Idol judge caught drink driving again
By Tracy Neal, Open Justice multimedia journalist Paul Ellis, a former prominent figure in the Kiwi music industry, is back in court on more driving charges - this time after being caught nearly seven times the legal alcohol limit. Ellis pleaded guilty in the Nelson District Court today to driving with excess breath alcohol on a third or subsequent time after blowing 1688 micrograms of alcohol per litre of breath. The legal limit is 250mcg. He was also convicted of driving while disqualified. According to a summary of facts, police tracked Ellis down on the morning of February 21 after investigating a report that someone had collided with a parked vehicle in the Nelson suburb of Tāhunanui. Police followed a clear trail of vehicle fluid from the crash-damaged vehicle that led directly to the front passenger wheel of Ellis' vehicle, which was parked on a nearby street. Ellis, exhibiting signs that he had been drinking, admitted he was a disqualified driver. An evidential breath test followed and showed a reading which was 6.7 times the limit. Ellis told the police that he had been living in his car at Nelson's Isel Park. He had been drinking wine but the crash was an "oversight" he had not been aware of. It is not the 62-year-old's first time before the courts. In November 2023 he was convicted in the Blenheim District Court for driving while disqualified, fined $400 and given a six-month disqualification. He was also granted leave to apply for an alcohol interlock licence at the time. But, police said he failed to do this, which meant that when he was caught in February this year, he was still driving as a disqualified driver. Ellis was also convicted in the same court in June 2018 on two separate charges, 10 days apart of driving with excess blood alcohol. He was convicted again in May 2022 on a charge of driving with excess breath alcohol for a third or subsequent time. Ellis was born in Timaru but grew up in Picton, and moved back to the region in 2020 when he helped organise the Linkwater Summer Sounds Music Festivals. He had a successful career in the music industry as a producer and manager and had worked with international music stars, including several from New Zealand. Ellis was a Sony Music executive living in New York at the time of 9/11 and was a judge on the first two NZ Idol seasons, before appearing as a judge on New Zealand's Got Talent in 2008. Ellis was remanded on bail for sentencing in August. His earlier request for name suppression lapsed today.
RNZ News
12-05-2025
- Health
- RNZ News
Dentist ignored woman's 'thrashing about' in pain during wisdom tooth extraction
By Tracy Neal, Open Justice reporter of Photo: 123rf A woman in agony during the extraction of a wisdom tooth was ignored by the dentist as she "thrashed about" in pain. The procedure left her with nerve damage that took months to heal, with the dentist agreeing she had had "a terrible experience". The dentist also described the procedure as a "highly difficult extraction on a nervous patient", which was a struggle for both him and her. Now, the Health and Disability Commissioner has found the dentist breached the woman's health consumer rights because he did not discuss the force required in the procedure or explain the potential risks, including nerve damage. The dentist believed he had explained the procedure, but did not record this in his notes. Deputy Health and Disability Commissioner Vanessa Caldwell said in her decision released today that a further breach had occurred in that the dental surgeon's skill was below the standard expected. The dentist was a subcontractor at the dental practice, but has since retired and asked to be removed from the Dental Council register. In her complaint to the HDC, the patient said she usually had treatment at a university dental practice, where she had been seen earlier about an infected impacted wisdom tooth. She was prescribed antibiotics and told that the tooth needed to come out. She then sought an emergency appointment at a different practice to have her lower right wisdom tooth removed because of the pain and distress she was in. The woman said she emailed her dental X-rays from the university dental practice, but before the extraction, she was not provided with any information on the procedure and was not asked to sign any consent forms. There was no discussion about side effects or potential risks, Caldwell said. The dental surgeon said he would normally assess a patient for extraction, but he felt under pressure to relieve the woman's pain and distress. In her complaint, the woman described the procedure as very painful despite receiving three numbing injections. She stated that she "thrashed out in pain many times", but the dentist ignored her and continued with the procedure. He later said he needed to remove more bone than expected and that removal of the tooth required a "greater level of force on the tooth and the jaw than he had expected". Afterwards, she was given no aftercare or safety-netting advice, but soon experienced ongoing pain, numbness of her tongue, and inflammation of the extraction site. When she first raised her concerns with the practice, she was given pain medication, and then antibiotics when the pain continued, but was not told what they were for. She was also provided with "dry socket" treatment, but was not told how to use it and what to expect. Dry socket was described by the HDC as a painful condition that could occur after tooth extraction, when the blood clot that covered the wound became dislodged or did not form fully. She then asked for a copy of her dental records, and was told by the practice owner that she had suffered nerve damage and that it would take months to heal. After further investigation by her usual dental practice, she was diagnosed with possible lingual nerve damage, and the dental wound was "debrided" (removal of bone debris). The woman was then referred to an oral and maxillofacial surgeon for further analysis and treatment. The dentist who extracted the tooth completed an ACC claim for nerve injury, refunded the woman's fees and sent her a written apology. Caldwell was pleased to note that the dental practice accepted the findings of an independent adviser's report and acknowledged the recommendations made, which included continued education for all staff at the dental practice about the importance of full consultation, informed consent, and thorough note-taking. Caldwell also recommended that if the dentist returned to practice, he was to familiarise himself with the clinical technique for wisdom teeth removal, the complications of altered nerve sensation following removal, and the appropriate postoperative care. *This story originally appeared in the New Zealand Herald. Photo: Open Justice
