Judge rules allegations of spying and harassment at Victopia 'absurd'

The Victopia apartment building on the corner of Victoria St and Nelson St, central Auckland. Photo / Google Maps

A central Auckland apartment resident who heads an owners' committee, failed to get a restraining order against a neighbour who she claims harassed her.

Jacqueline Ann Veronica Turner is the chairperson of the body corporate committee in the high-rise apartment tower Victopia, on the corner of Victoria St and Nelson St.

She asked the District Court to grant a restraining order against her neighbour and unit owner Kazufimi Ikeda, who she alleged had been harassing and spying on her.

Court documents show Turner alleged Ikeda had a camera on his windowsill, directed toward her apartment. However Judge Gary M Harrison did not consider this possible.

"I cannot see how such an allegation could amount to an act of harassment when Turner's unit is located on level 14 of the building whereas Ikeda's unit is on level 13," Harrison wrote.

In 2015, Ikeda sent a letter to Turner describing her as "the cancer of Victoria" and has sent her various emails which the judge considered "may be irksome" but were not harassment.

"As chairperson of the body corporate, and determined to remain so, she must be prepared to deal with criticism from members," Harrison wrote.

The judge said it was "hard to escape the conclusion" that the application had been made to prevent Ikeda from challenging the actions of the body corporate, rather than because Turner feared for her safety.

In 2017, Ikeda ran to become a member of the body corporate committee but tied with another candidate, Weiqun Huang.

According to a submission to the court, Huang resigned in order to allow Ikeda to take the seat, but the body corporate refused to accept her resignation and excluded Ikeda from becoming a member.

Ikeda brought a complaint to the tenancy tribunal in October 2017, who ruled in favour of Ikeda in June 2018.

Turner's application for a restraining order was brought to the District Court in December 2017, in what Harrison believes may have been "a ploy" to foil Ikeda.

When a neighbour died, Turner entered the unit and alleged that Ikeda spied on her through a "viewing lens" in his unit door.

Ikeda has previously been charged by police with willful damage after he allegedly poured superglue into the lock of the door of building manager's unit and into a rubbish room door.

According to court documents, no conviction was entered because Ikeda was given diversion.

In 2016, Victopia body corporate settled a $40 million lawsuit against the developer as the building was defective and leaked.