Pensioners Owen and Jane Hayward have refused to sell their Ōrākei home to developers Equinox Group, which wants to build 700 luxury apartments on the waterfront site. Photo / Michael Craig
Pensioners Owen and Jane Hayward have refused to sell their Ōrākei home to developers Equinox Group, which wants to build 700 luxury apartments on the waterfront site. Photo / Michael Craig
A pensioner couple embroiled in a festering spat with a property developer claim they are being bullied, harassed and banned from their local shops because they refuse to make way for a multimillion apartment complex.
But the developer, Equinox director Kerry Knight, denies the allegations and has hit back at the octogenarians, accusing Owen Hayward of harassing him, causing endless trouble and making spurious claims about Knight’s company and local businesses.
“They, like us, don’t want him in the village,” Knight said.
“However, if he just minds his own business, then he is welcome.”
Knight has also confirmed his grand designs for 700 luxury apartments at Ōrākei Point are on hold due to adverse economic conditions and endless bureaucratic delays involving Auckland Council and KiwiRail - though he hopes it will proceed “one day”.
The protracted unpleasantness with the Haywards dates back years, involving legal threats, high-powered lawyers and even police involvement.
Last month retired grandparents Hayward, 86, and his wife Jane, 81, were issued with trespass notices barring them from their favourite Ōrākei Village grocer, café and plant centre.
It is the third round of trespass notices served on the couple by police officers on behalf of the village owner Equinox Group in recent years.
And despite the notices warning the Haywards could be fined or thrown in jail, they are ignoring the legal orders after obtaining letters from the local businesses confirming the couple are welcome to shop anytime.
Jane told the Herald she felt Knight’s behaviour was ridiculous and childish.
“I think it is bullying and harassment. What else would you call it? But we’ve lived with it for so long now.”
Pensioners Owen and Jane Hayward say they have fielded four offers to buy their Ōrākei Rd property but turned them all down. Photo / Michael Craig
The couple believes the testy standoff is linked to their refusal to make way for Knight’s apartment development on neighbouring waterfront land.
The Haywards’ leasehold home sits smack bang in the middle of the site and despite millions being spent already on planning and consultants, construction is yet to begin and the 2018 consents have now lapsed.
The couple believe their 934sq m property would unlock Knight’s proposed master development, allowing the multimillion-dollar project to proceed.
Knight disputes this, saying his company does not need the leasehold site for the development and plans to replace the house with greenspace when the lease eventually expires.
“I have explained this to Haywood and to previous reporters but ... that ruins the story of us being evil to acquire the Haywood property,” Knight said.
The couple has fielded various offers from Knight and his associates over the years to purchase their home but refused each offer and say the relationship has progressively soured.
Tensions boiled over in May when a sewage pipe beneath their home carrying waste from the village complex blocked, spilling putrid filth and fat onto a grass verge outside the property.
Equinox Group director Kerry Knight has spent millions of dollars planning a 700-apartment development at Ōrākei. Photo / Supplied
They complained repeatedly to Equinox that the health hazard was causing a pungent stench, forcing them to keep windows closed to avoid the odour.
A series of emails with Equinox legal executive Paula Folkard reveal the growing animosity.
On May 11, Folkard wrote that a plumber would investigate the drain issue.
“You have previously been issued a trespass order preventing you from entering our property. You have ignored this legal order and are continuing to come onto our property and badger our tenants. We will now hand this matter over to the police.”
Owen Hayward responded on May 26, asking which tenants he had badgered, saying he was unaware of “any such conduct from me”.
Artist's impression of The Peninsula, 32 luxurious residences and penthouses priced from $2.7 million to $13m, to be built at Ōrākei Bay Village.
He added that the sewage had still not been addressed and he was contacting health authorities.
A May 30 email from Folkard said the drain had now been fixed and reiterated that Owen was not welcome on Equinox property.
“The directors are very clear, your interference with our tenants [sic] business operations and our business operations have resulted in your being banned from the property. You may wish to take legal advice on this matter. We will not be discussing this matter further with you.”
Owen and Jane Hayward at their home in Ōrākei. Photo / Michael Craig
Five weeks later, the latest trespass orders were served by Glen Innes police under Folkard’s name.
The Haywards’ lawyer, Russell Bartlett KC, said the trespass notices were invalid unless served on behalf of the tenant occupiers, not the landlord.
As the tenants were clearly happy to have the Haywards visit their establishments, the notices held no weight.
The Haywards challenged the notices, supplying police with letters of support from Farro and King’s Plant Barn, and one from Silky Otter Cinemas saying, “You are more than welcome to come to our movie theatre and we are not going to enforce anything the landlords say”.
In an email last week, police confirmed there was “no need for any further police intervention regarding this matter”.
The Herald asked police what grounds were given for issuing trespass notices against two elderly people and whether the notices were even enforceable.
Police said they sometimes served notices as an agent on behalf of landlords or occupiers, and no criteria was required.
Any reported trespass breach would be assessed for appropriate action under the Trespass Act, though individuals could dispute the notices through civil channels.
Knight claimed Hayward had been a perennial nuisance, annoying contractors, making needless reports to council and authorities, objecting to liquor licence applications, and causing repeated issues for tenants “year after year.
“We don’t have a relationship for that reason and we have a duty to our tenants to ensure works and operation can take place without hiccups.”
