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Police Storm the Temple - 9th June 2001 Raid Some 20 police and Armourguard officers stormed the Temple, confiscating band equipment worth well in excess of $10,000 as well as arresting patrons and band members without due cause and assaulting a number of patrons including a female, just before midnight Saturday 9th June. The confiscation was carried out despite no warnings being issued to the band. The musicians from the band "We Dunno" had offered to stop playing. The officers also confiscated equipment from another band that wasn’t even being played at the time. Both Armourguard officers and police officers refused to communicate with Karen q Temple, owner and manager of the bar, and the police officers refused to provide their badge numbers. "Their manner was extremely aggressive" says Karen q Temple, "you could tell they were here to fight". 44 onlookers had given the Temple their names and phone numbers and were willing to act as witnesses to the unacceptable behaviour exhibited by police and Armourguard. Noise Control has been an ongoing issue for the Temple and the few other live music venues in Auckland like the Kings Arms. Temple owner and manager Karen q Temple has been dealing with Auckland City Council regularly over this issue and had been given the following advice; "Since the testing has been done, and the view was that the noise level is fine as long as the door is shut, noise control officers won’t be sent upon complaint. Instead, an Environmental Health Officer (employed by Council) will go, and will have to take proper measurements. This should mean that provided you are willing to turn down if you actually are over the limit on some occasions, you shouldn’t have to worry about being shut down, or dealing with the noise control officers and their subjective measurements". At no time was any employee of Auckland City Council at this noise control situation, or were any noise measurements taken. Although both Armourguard and the police at the raid, were advised of Council’s ruling, they were not prepared to either read or hear it. Council admitted that it was a mistake on their behalf that the noise control complaint was handled by Armourguard and the police, however the Temple, the bands, the guys arrested and the audience have still to receive an apology! Basically no-one has been prepared to take responsibility for their mistakes and we are the ones who are wearing it!!! Karen q Temple laid a complaint with the Police Complaints Authority. They recommended that the charges be dropped – because – neither Derek nor Ryan actually broke the law!! However, the police decided to go ahead with the prosecution regardless. The complaint was "not upheld", in short, because the police said one thing and the Templites said another, even though the Temple had 44 witnesses! To add insult to injury, the courts changed Derek’s first court date, but forgot to record it. So when he didn’t turn up for the 1st hearing date that was set down (because they’d changed it) they put a warrant out for his arrest. To have the warrant lifted took 2 more visits to court and a ticking off by the judge. Go figure! The....the case was set down for December 12th 2001. Everone turned up at court as instructed, about 25 in all, with witnesses and support crew. They kept us waiting around for about 2 1/2 hours then said "sorry - come back in May". Nearly a whole year after the incident happened!! Derek and Ryan went to court in May 2002 and were (of course) found not guilty. However, the legal costs have been huge not to mention the incredible stress this has caused everyone involved. Auckland City Council have not been forthcoming with covering the costs although they have admitted they were at fault. By the time the hearing was over, Ryan had been to court 4 times and Derek 6 times. The Temple continues to lobby hard at both local and national government levels, in conjunction with other venues around the country and the Music Industry Commission to get the changes that we need in order for live music to survive.
Summary
of Noise Control History
A couple of terms you'll need
to know
7th March 2003 - Visit from EHO as the result of a noise complaint. He was abusive, and refused to take a reading from the property of the complainant, stating he didn't have to. He also stated, he didn't have to have a conversation with Karen q Temple - the owner of the venue - not great behaviour of a public servant! There is a court document presented by an EHO in court stating "Noise measurement is undertaken by the enforcement officer from the place where the person hears the noise", as well as a number of verbal instructions to the same effect from various Auckland City Council personnel. He told Karen q Temple he had taken a reading at 66db. The abatement notice mailed later stated 68db. Karen q Temple wrote to Council expressing concerns about the abusive behaviour and the refusal to follow procedure. A copy of their Code of Conduct was requested, which was not supplied. Part of their response is below. "1. location of the reading "Karen, I do hope that we do not have
further problems. In terms of your concerns regarding procedures for issues
which may arise in future, there should be none as long as the Temple adheres to
those requirements of which you are very well aware. All our Environmental Heath
Officers are conversant with the procedures they must follow and, as with all
Auckland City staff, they operate to an established code of conduct. However I
also expect that our staff are treated respectfully when they have a job to do,
and legislation that they are required to work to." February 2003 to end of 2003 - Karen q Temple appealed the Noise Abatement Notice issued on 12 February 2003 to the Environment Court. The judge questioned the legality of the the notice, stating that it was certainly not clear that Council was within its rights to issue the notice. He also took a very dim view of Council not allowing Karen q Temple to take her solicitor to a meeting at the Mayor's office. The judge ratified the agreement the Temple had made with Council in May 2001 that noise complaints would be dealt with by measuring the noise from the property of the complainant, if, on any occasion we were over the EHO would advise the Temple and the noise level would be reduced. Interestingly, once this agreement was ratified by a judge, there were no more noise complaints! Once the Temple was closed in October 2003 Karen q Temple's lawyer requested that Council withdraw their Noise Abatement Notice. They refused unless Karen withdrew her appeal, which she refused to do. This is paramount to blackmail. When it went back to the Enviornment Court after the Temple had closed, obviously the judge threw it out. 27th
February 2003 – Noise
complaint. Aural assessment from
EHO suggested the Temple was over the limit. Assessment
not taken from property of the complainant.
Reading apparently couldn’t be taken because of the weather. 12th February 2003 - Noise Abatement issued by Auckland City Council. (this is not the normal standard form abatement). The Temple's only recourse was to appeal to the Environment Court (meaning thousands in legal fees), even though, on none of the three occasions documentated on the notice, were the readings are valid. The level is below that set down in the district plan There was no band playing at the time. The noise can't have been coming from the Temple The reading was taken
from the wrong place 17th
January 2003 – Readings
taken which indicated the Temple was over the limit.
When questioned the EHO agreed he couldn’t be sure the noise was coming
from the Temple 18th January 2003 – Readings taken indicating the Temple was over the limit. Readings were not taken from the property of the complainant and the Temple did not receive notification until some 11 days later. When questioned about the location of the readings the EHO said he had never been told that readings should be taken from the property of the complainant. December
2002 - Karen q Temple arranged for a meeting at the Mayor's office to discuss the
problems with Council not following procedure. They refused to let Karen q
take her lawyer, so the meeting was cancelled. 25th
October 2002 – Visit from
EHO following noise control complaint. Although no reading was taken, they gave Temple staff a hard
time, telling them to keep the noise down and indicating they didn’t like that
they had had a call out at that time of the night.
1st
March 2002 – Abatement
notice issued by EHO. A measurement
was taken, which was 64dB but no attempt was made to communicate with the Temple
prior
to issuing the abatement notice to get noise below 60dB. 7th
December to 10th December
2001 – “logger” placed on site.
Karen q Temple was informed that “in general” the Temple exceeded District Plan
requirements by 5-10 dB. Given the
fact that any (band) music playing that weekend was minimal (total of about an
hour) – it is difficult to see how “in general” the Temple could have been over.
Karen q Temple asked for clarification and it was never received. 7th
December 2001 – letter
from Paul Sonderer (Council bigwig) undertaking that the Temple will be informed when
there are complaints and the outcomes. This
rarely happened. August / September 2001 – Karen q Temple made enquiries as to obtaining a street trading license under the advice of the DLA. He immediately stated the street was too steep but was unable to back
it up with an actual gradient. 29th
August 2001 – letter of
warning from Secretary of DLA regarding Karen q Temple drinking on her birthday.
There was a visit from an EHO regarding a noise control complaint. As
there was no basis in law for the warning Karen q requested it be stricken from
her file The
DLA then applied to have the Temple license cancelled Issues
regarding the hearing: Less than 24 hours before
the hearing the DLA changed their focus regarding the hearing to noise control,
even though the initial warning did not encompass noise control at all. It was clear
at the hearing that Council
staff were not fully informed regarding noise control issues at the Temple eg EHO
statement said that the agreement reached in May was post the 9th
June raid, AND There were schedules of
complaints and readings for the court case, these were inaccurate in some cases.
For example, the EHO stated that he did not find the noise to be
excessive at the visit at my birthday. The
schedule said that we had not complied on that date. Because the hearing would
have taken days in court, Karen q reluctantly agreed to a “deal” which included
suspension of the license for 3 days. This hearing cost $4500
in legal fees plus loss of revenue. 16th
August 2001 – meeting with
EHO. One outcome for her to take
measurements to ascertain problems so we can start to find solution.
She never did these readings. Also requested at that meeting was information regarding zoning,
planning, The District Plan etc. This
information was never received despite following them up on a number of occasions. Also
agreed that the Temple would be advised of noise control complaints and their outcomes.
This rarely happened. 9th
June 2001 – a mistake at
council call centre resulted in a heavy-handed raid by police and Armourguard.
More info below. May 2001 – agreement between council and the Temple that noise control complaints would be dealt with by an Environmental Health Officer, (EHO) employed by Council: measurements would be taken and if, in fact, the Temple was over on a particular instance, an appropriate solution would be negotiated (eg close doors and windows, turn band down etc) Previous
to May 2001 - all noise
control complaints dealt with by a security guard “deciding” whether the
noise is excessive under the Resource Management Act.
No readings taken to ascertain. No
assessment undertaken from complainant’s property. 7th
January 2001
– assault of a Temple patron by an Armourguard officer
Broad
Noise Control Issues (not specifically relating to the Temple)
The
District Plan requires the Temple noise to be below 55db to 65 db (depends on time of
day and whether the complaint comes from the residential precinct or not).
55db is about the ambient noise level in any household.
The ambient traffic noise on Queen St is about 65db.
Infact, measurements taken, across Queen St from the Temple, give
the same reading whether or not a band is playing, indicating the noise from the
bands is no more than the traffic noise. Little
onus is put on developers to effectively soundproof apartments resulting in
unreasonable noise control complaints. Little
responsibility is put on real estate agents to fully disclose the disadvantages
of living in a city, which is inherently noisy. The
inconsistency between the Arts Agenda and Auckland City Council’s noise
control policies. The
subjective manner in which noise control incidents are handled by Armourguard. The
fact there is no control in place by council to ensure complaints are genuine
and are not fraudulent. The
fact that one complaint (which may well be vexatious) can close down a night’s
entertainment which affects, in many cases, well over 100 customers and
musicians, and will also put the business at extreme financial risk. The
conflicting information received from council. Potential
conflicts of interest in council structure eg Barry Smedts role as Secretary of
the DLA as well as his compliance monitoring role and the fact that the DLA
report to the department that deals with noise control issues. Potential
difficulties with liquor licensing arising from noise control issues. The
lack of understanding from council officers of the commerciality issues and the
effect these problems have on the commercial viability of businesses. The
importance of the arts which have been identified by local and central
government of being of key importance both economically and culturally The effect their actions have had on people’s lives: staff, musicians, punters
Police Storm the Temple - Derek Judge's Story - One of the Arrestees You will no doubt be aware that last Saturday night the police and Armourgaurd stormed the Temple and closed down a gig supposedly due to a noise complaint. I was arrested that night and this is my story. My younger sister Holly and I arrived at the ‘Temple’ at 11:35pm, I ordered a beer for each of us, and we sat down at the bar. We were there long enough to hear only 1 song from "We Dunno", the band that were playing, before they were stopped by the officers who entered the bar. At this point the crowd became a bit upset, as you do, and it was made clear that the gig was being closed down. From where we were sitting, which was towards the back of the bar, it was difficult to make out exactly what was going on. I picked up my beer, of which I’d had only a couple of sips, and went to see if I could assist Karen q Temple, whom I have known for 5 or 6 years. I squeezed past a few people, moving towards the front of the bar, and was shoved by ‘the officer’ who pushed his elbow and forearm firmly against my chest pushing me backwards into the people behind me. I stood back up, taking a step forward, where the Officer again pushed me backward without a word of explanation. I raised my beer in my right hand above shoulder height to avoid having it spilled onto the people behind me, at which point the second officer grabbed my beer and put it on the bar. The Constable then told me to get outside. I offered no resistance to his request and moved past him to comply with his request. At this point I was shoved in the back toward the door. The constable followed me and again at the doorway shoved me in the back, which sent me hurtling onto the footpath. I turned around to face him so that I could explain why I was coming to the front of the bar, and he this time shoved me in the chest, sending me backwards across the footpath. I basically at this point stood my ground. At this time he started telling me to "take a walk" and directed me down the hill as if he was moving traffic. I tried to explain to him that I was not involved in the scuffle, but he kept on telling me to take a walk. As I turned to walk he again shoved me in the back. Every couple of steps that I took I received another shove. They were violent shoves, and I was at this point concerned with remaining on my feet. After about 5 or 6 shoves I turned around to explain to the officer that my sister was left alone in the bar, with no chaperone and that I couldn’t just walk away and leave her there. This is when the constable pulled my right arm up behind my back and aggressively moved me toward the Police wagon that he had shoved me down to. A remarkable co-incidence? He then informed me that I was under arrest, searched me, and locked me in the back of the wagon. My sister at this point had found her way out of the bar and was speaking to the Constable. As the door was closing I managed to finally get a word in to the other officer, and explain to him that my sister would be left in town alone, and pleaded with him to give her my wallet, so that she would be able to get home. He gave it to her, and I told her my pin number and that she should go and see Karen, get some money out and catch a cab home. I remained in the police vehicle which was parked about 15 or so metres down the hill from the Temple bar for about 10-15 minutes, and then we headed up the hill to K’Road. From there we went down Pitt Street, and onto the Motorway at high speed, getting off at Market road, and heading for the back of Remuera, where we waited for what seemed like an eternity, but realistically was about 45 minutes to an hour. During this time it became clear to me that I needed to go to the bathroom. I tried to get the attention of one of the police, but was told to "Shut up!" I could tell that the officer whom had said this found the situation amusing, and he then said that if I really needed to go there was a small drainage hole in the back, and to urinate through that. I was in the company of two guys, and it was not appropriate to urinate in those circumstances. Eventually we set on our way, and drove a few streets until I recognised that we were heading up Ayre Street, and across into the domain, where we did a circuit to frighten off a group of "Boy Racers" whom had congregated in the car park. After a lap of the museum we headed back into town. All of the officers in the vehicle were aware that I was in extreme discomfort, and seemed to find the situation amusing. Across Grafton bridge and back down outside the Temple for a moment, and finally taken to the Central Police Station. When I got out of the wagon, the officers from the front came around to the back, all with smiles on their faces and I was shown into the processing room where I was finally able to relieve myself. At this point I felt I had been violated, humiliated, and was concerned for the welfare of my sister. I had still had no opportunity to explain my circumstances, and felt at this point that they were almost irrelevant. I saw Ryan, the lead singer from "We Dunno" in this room, and heard him ask for a blanket. He had no shirt on and was obviously cold. I couldn’t believe my ears when I heard an officer say that it would be at least a couple of hours before he could get a blanket. The constable (whose name I do know but out of common decency will not at this point mention) then went about collecting my details, and when he discovered that I was a documentary narrator he enquired as to what show I narrated. When he found out that I narrate a show, in fact now 38 documentaries very closely related to his line of work, he found it very amusing, and he told a couple of the officers around him to treat me nice because I was a "star", again intimidating me further. After a bit more waiting around I was pulled aside by the officer and asked if I had ever been in trouble with the law. I said no, and he told me that I was now "in the system" and that the best option for me would be to plead guilty and take diversion. I thought that it was really out of place for my arresting officer to be offering me legal advice, which seemed to me would serve him better than me (considering I had not broken the law at all). I told him straight that I would not be pleading guilty to something I had not done. He said something like, "If you want to argue mate, this is not the place to do it. Save it for the courts". Again, trying to say something in my defence was deemed as starting an argument, so I stopped talking. I was escorted to a holding cell with about 15 or 20 other guys where I paced for about an hour or so, one guy kicking the fittings in the room, and most others chatting away about presumably the events that had led them to be there. I have never been made to stay in such a depressing and disgusting environment. 4 toilets with no lights or doors or even a suggestion of toilet paper, a urinal filled with urine, depressing graffiti on the walls, and like I say, a guy walking around kicking things and cursing. Eventually myself and one other were requested to follow an officer into the finger printing room, where I was processed and photographed. A female officer came into the room when I was waiting for my turn, and I asked if I could have a quick word with her. I explained that I was concerned with the welfare of my sister, and asked her if she could check if she was waiting in the waiting room, or if I could make a phone-call to see if I could find her. She returned and told me that she was not there, and that I would be out on bail shortly, which I was. When I was being discharged I was presented with a form and told to sign it. I picked it up and started to read what I was going to be signing, and was told to "just sign it" and that it would be explained to me what I was signing when it was photocopied and given to me. Considering the events that had transpired I took the liberty to read what it was. I found out that it was simply the bail release form, and not an admission of guilt, which I almost expected, was returned my keys and other pocket filling bits and pieces and sent on my way. It was now 2:37am. I returned to the Temple bar to see if I could track down Holly, and was greeted by Karen who informed me that Holly had managed to get hold of a friend who had picked her up and taken her home. What a night. My sister had been a bit upset that night, she hasn’t been in Auckland for that long, and doesn’t have many friends here yet. I picked her up, brought her to my house, and we caught a cab into town to listen to a bit of music, basically to take her mind off the things that were bringing her down. Within 10 minutes of arriving at the bar I was being pushed and shoved, and then arrested, leaving her alone in town now worried about me. Thanks to the police for that. It’s nice to know that they are there doing their job for us eh? Just a bit of background on me, I have never been in a fight in my life. I have always known there is a more civilised way to sort out differences of opinion than bashing at each other. I was once punched in the face by a street-kid, who had been sniffing glue. I ended up counselling her for about half an hour, giving her a cigarette and the change in my pockets. I am not violent! The reason I was at the bar was to help cheer Holly up, and the reason I went to the front of the bar was to see if I could be of any assistance to Karen. I’ve played in 4 bands at the Temple and have done at least 100 gigs there! I’ve played percussion for heaps of artists there, and thought that perhaps a level head could help the situation. How wrong can one be! I went to court on Thursday 14th of June, spoke with the duty solicitor and got her to enter a plea of not guilty on my behalf. The gentleman who was standing next to the registrar again tried to get me to go for diversion, and again I told him that I am not going to plead guilty for the sake of convenience when I have done nothing wrong. More than that though, an officer assaulted me! Our employee. We pay these guys you know! I have a status hearing on the 20th of August where I get to meet the Judge, and hopefully have my say. At this point, and even up until that hearing, I have not had the opportunity to tell anyone from the "system" what actually happened. I seem to be guilty until proven innocent. Now, I know first hand how long it took for Karen and all the musicians who play at the Temple to raise the funds to buy the PA. On one hand I feel very humbled that Karen and a number of bands and artists are prepared to help raise funds to pay for the legal costs in proving my innocence. On the other, I know that this money could be better spent on what the Temple is all about. The music, and the opportunity to be able to play it. It just makes me a little sick to think that unless we make a stand, and say "No we don’t want this kind of thing happening in our country", that it will happen. The number of stories that are coming out of the woodwork about the heavy-handed tactics employed by a number of the police is overwhelming. And now I am caught up (or is that court up?) in the middle of it. Things happen for a reason. The way I see it, it is my duty as a law-abiding citizen to not take the easy way out, but to make sure that justice is served in this instance. I am facing for my "obstruction" a $1000 fine or 3 months in jail. How do those two even compare? Again I see this as a police fundraising affair. How dare "the system" equate 3 months of my life in prison to $1000! I mean, which one do they expect me to take here? Sell my bass and amp and everyone will be happy, or go to jail for 3 months. Well, I have decided to take the hard line. With truth and 44 witnesses on my side, I am not going to pay anything. If I am found guilty, I am going to serve the time. I was born here, this is my homeland, and if our judicial system says I deserve to be punished, so be it. If it happens, I tell you this; firstly I am going to make sure everybody knows about it, and secondly I will leave the country, and look for a place to live where people are not oppressed by their "system" and maybe even somewhere that values its artists. I borrowed $20,000 from the government for my diploma in acting for screen and theatre, for my performance skills that are used across the board in all of my artistic endeavours, and if they’re not wanted here, I’ll take them to a place where they are. That’s probably enough said for this sitting. If you have made it through to here, you no doubt get the picture. What happens out there in our country as a consequence of the actions of our police does have a real and lasting effect on people, and at some point I believe they must be held accountable for their actions. I am still not sure how I am going to prepare my defence, so if there is anyone who would like to offer me support or advice, it would be very much appreciated. My e-mail is dvjudge@ihug.co.nz
Thanks for taking the time to read this.
I was appalled to hear of the raid after we left on Saturday night. Sure the band was loud - in fact the last time I heard a band that loud was ‘The Rock and Roll Band’ up at the Kings Arms at their inaugural gig because I worked with one of the singer’s mother so I showed support. They were signed for a tour of NZ, a tour of Japan and a record contract on that night. I thought they were fantastic! When are people going to recognise that music has to happen in our back yard to succeed, and to contribute to the growing international reputation of our musicians. Where do people expect these artists to grow - somewhere in the wilderness? or in a recognised live music venue that attracts national and international visitors, before midnight on a Saturday night? Karen q Temple - you have invested a decade or more of your life and all your assets into achieving a goal for the betterment of the music industry in NZ. You have recently extended that achievement into providing a regular performance environment for many types of artists, unrivalled even in Wellington when I left. Who were the people our taxpayers’ money was spent on Saturday night? Identification of the beneficiary is always a good measure of the relevance of a law or the appropriateness of its observance. I challenge those people to prove that they were there before you set out on your road to achieving the vibrant environment that attracts performers and audience from Auckland, round NZ and overseas. As a published and guest poet from the Wellington scene, it was impressive to find a venue in Auckland that has so much more to give and to challenge an artist than any I had performed in before. I have been invited to perform at the Temple as part of the celebration of NZ Poetry Day on 20th July. I have been offered a small fee to do so and I would like you to accept that fee as a donation to the fight against this apparent demonstration of misguidedness, including the payment of legal fees for those arrested. I also authorise you to use my performance on 20th July in any way you wish to for those purposes. I look forward to performing again at the Temple on 20th July - and I hope the applause for our poetry that night breaks all sound limits!
We regard this situation as incredulously as you do yourselves. The resource management act, designed to deal with major polluters, has had its huge powers misdirected (via a footnote section on noise control) at the entertainment district of its main centres. This is a problem in Wellington also. The nanny state mentality which brought this about will also soon be targetting smoking in bars. The safety nazis must be stopped. Government needs to be reminded that we will not be herded like sheep. We are fully in support of you at your time of trouble. ========================== Karen, Sorry to hear this news. As if it isn’t hard enough to make a go of things. The current administration in NZ seems hell bent on making life difficult for establishments like ours with restrictions on noise, limiting numbers of patrons, compulsory non smoking area’s etc, the next steps will be the banning of gaming machines and any intoxicating drinks. Then on top of that the proprietor is meant to be the enforcer and the offenders are not liable. I think in the instance you describe the police etc have acted way in excess of reasonable, particularly since no measurements were taken any prosecution must be based on opinion and I can’t see this even making the courts as there appears to be no evidence. I know this doesn’t really help in the short term, as what could possibly happen, is the muso’s may feel apprehensive due to the risk of their gear being confiscated. We have also had some problems with noise control but nothing major and have never even been served any official notices to date. Why people move into the city and then complain about the noise is beyond me and I guess it is only lucky that we don’t have a lot of residential property around us that helps to minimise the problem for us. If I can help in any way please feel free to contact me, I’m not sure of how I could help but the offer is still there. ========================== I wonder what would happen if we hugged cops when they come in to places to shut things down... is it assault?? Calmly approach them, as if speaking to a cuddly animal or small child, "oh you poor little sweety, let me cuddle you" with arms open... I reckon it would be quite funny if we got beaten or arrested for sincerely trying to hug cops when they come to shut us down... Kind of non-violent activism.. when they arrest one punter for hugging them, another person comes and hug’s em, I mean what are they going to do? batton us for hugging them? Plus it’ll give time for the band to play another couple of songs, or run out back with instruments etc.. If they did (retalliate agressively) I reckon it would be a sure fire way to get mass media attention to their total heavy handed/ meat headed/ Ham fisted tactics.. Plus, done in total sincerity (hard maybe but it can be done).. so it’s obvious to all you’re going to hug them, not strangle or wrestle them, then it’s completely non-violent, if slightly intrusive so we aren’t playing their stupid, violent little power game.... and your excuse in court could be "I thought I knew them, I must have been mistaken" Just don’t touch their arses or anything.. (ech!!) Just an idea.... ========================== The noise raid on the bar sounds outrageous and unnecessarily militant all the best for sticking up for yourself and highlighting the ‘bullying’ tactics which were used. ========================== Just bummed to hear of your recent experience with noise nazis. Hope that the situation can be remedied. Basically they want to kill any opportunity that people like yourself provide to people like myself to present creativity. You can imagine someone describing NZ. "..it was this beautiful amazing place, a little bit like Ireland, except there was no support for there musical artistry, so all their musicians either gave up, went overseas, or just listened to songs from every other part of the world but there own, jamming out behind closed doors or in garages where they’d invariably be shut down also..." ========================== Reminds me of growing up in the U.S. during the 80’s. Accept the cops were not showing up due to noise. A Punk show, in general, was enough for them to come and bust up some heads. The first show I put on at University ended similarly and we owed for the holes kicked in front of the theater stage and all the first row of seats broken because of the following onslought caused by the police. We had it on tape and still lost the case. Good luck with all the political and legal bullshit you’ll have to endure, especially when you were following the set guidelines. San Francisco was experiencing the same noise control problems as Auckland and Wellington, when I left a year ago. The good ol’ mayor was easily bought into the back pockets of the housing developers. I hope you all have better luck here. ========================== "Its David here form Vauxhall. Just heard through the grapevine that you guys had some trouble with the police recently? We had a very similar experience about three weeks back. We organised a gig at the Schooner Tavern with Silhouette and Killt. In the middle of Vauxhall’s last song about 10 police stormed in, very Gestapo bullyboy attitude, looked like they were looking for trouble and looking to intimidate. They arested one of my friends who was coming out of the toilet for no good reason and he ended up outside with four cops on him and a boot on his head as he was handcuffed and thrown into the back of a paddy wagon. There were five arrests at the Schooner bar in all. Would be interesting to know if this is happening city wide to bands at the moment. We are pursuing the whole thing through the courts at the moment. ========================== Karen As you may know, we belong to Libertarianz Political Party..Freedom of choice etc. We will help in anyway we can. Bloody hell! Your property rights are worth fighting for. I have posted your email to the Libertarianz leader. Hang in there..Fight the bastards back. ========================== Before midnight, on a Saturday, in the middle of the city? Sure, in a residential area it would be reasonable to turn down, but on Auckland’s busiest street, and on the weekend no less - what possible legal grounds do these ‘officers’ and Armourgard guys have? (That’s not a rhetorical question either - I’d be really interested to know...) Also - did anyone warn them about the size of the Temple? That many people would pack the place out!! 20 guys to seize control of any place, particularly one the size of the Temple is ridiculous overkill. Was it a quiet night for boy racers or something? You have my support Karen, please keep us all abreast of what happens from here. ========================== Is that thing with the police for real??? Sounds like Nazi Germany!! I will forward that e mail to my uncle, a senior sargent and with the police for 27 years so maybey he might get some info. on it. ========================== Jesus Karen, we have just read this - are you ok??? We missed the coverage because only just checked the email, but anxious to know you are alright (I mean, obviously not, but you know...) We are going to go and check things out with our people we are staying with and try and ring you right now, but in case we can’t get through, just wanted to send you our love and support and let you know we are fucking appalled and angry and all the things you must be....jesus! What a fucking pile of fucking shit!!! It’s just fucking outrageous!! We both really want to be there. Will talk to you as soon as able. Want to know you are ok.... ========================== we should make sure we get "WE DUNNO" back for another gig straight away to finish their set just to show they can’t shut up a good punk band.I’m pretty sure heaps of people would turn up to support "WE DUNNO" and THE TEMPLE a vital outlet for the voice of aotearoa original artistry ========================== Just want to add my support to Karen and the crew at the Temple - and my absolute disgust in the attitude of the Police and security in carrying out their "raid". As a taxpayer it really bothers me that they are wasting money hassling musicians in original music venues instead of raiding pubs with bands playing covers songs - where is their taste??? Sorry - seriously, there is something a little out of whack with a bunch of boys in blue and security guards wasting energy and wages on such innocuous things - there are lots of bigger scarier people out there that would be better off the streets, to make it safe for the likes of us who go into the Temple to see the music to walk safely there without being hassled!! Why don’t they offer to act as bouncers instead and make themselves useful??? The Police Complaints Authority would be a very good place to start, please let us BOP people know if there is anything we can do. You made us very welcome last weekend, and there was certainly nothing about your venue, your patrons, or your artists that could possibly warrant such treatment. All the very best! ========================== sorry to hear about Sat-how very unpleasant for all concerned.It will work out in Court.They were looking for a fight???-maybe they thought they were dealing with a pack of dummies,their own shortcomings projected onto you’se.I’ve come across off duty Security guys,and they are swaggering fools,and really do see themselves as some kind of private Police Force.Scary. ========================== I saw this on the news last night and given the description below and the news report please add my protest to what is a completely unacceptable and inappropriate action by police and Armourgaurd. I find it very disturbing that a successful and reputable live venue like Temple supporting Kiwi music and musicians to the hilt, and musicians simply playing music at a dedicated venue should be treated with little respect as if they were common criminals! ========================== I’m absolutely flabbergasted. You’d think they’d have something better to do like...oh I dunno,go catch some criminals or something.Obviously overstaffed if they have to send a bunch out on a "Temple raid".All those extra cops sitting around with nothng else to do. I’d laugh at the ridiculousness of it all if it wasn’t so serious,I think they’ve been watching to much TV Anyway hope your all OK. ========================== I can’t believe that happened! That’s off the planet!!!! ========================== What a travesty! I saw this on TV3 last night on the 6:00 news. I am not surprised, though. They acted like that when I had my run-in with the law, too. The only difference between the NZ Police and the Gestapo is... NZ Police don’t have Heinrich Himmler. ========================== im in wgtn and just heard of what happened at your bar on saturday. i have to say that as a wgtnian who knows no venues or bars to go to of my type, the temple has been the one bar that i have been able to find on infrequent visits to 09 that has had the relaxed atmosphere that anyone can feel at home in. and you support local diy music - does a bar get much better? the first time i discovered it was one night last year when i saw monkey puzzle were playing a set and decided to go along. i was at first feeling a wee bit uncomfertable about going to a show/bar by myself in a strange city, but after only five minutes i felt right at home. i urge you to fight this issue till you get those fuckers. right now the same kinda issue is comming up down here (though not quite to the same extreme) and one of the big solutions people are comming to is compulsory sound proofing of the surrounding RESIDENTIAL properties. might be worth raising up there? had i been there i would be right behind both you and the bands. ========================== Dearest Karen, How unfortunate to hear that bully tactics by the Police and associates are still used in this day and age. What a disgraceful display of the misuse of tax payers money!! Performers and Music lovers are lucky to have a venue like the Temple which is a necessary outlet within our community. The importance of such a venue which enhances the professional and personal development of local and national talent is beyond words and unfortunately beyond the intelligence of some Government departments. Isn’t it ironic that the government has injected millions of dollars into the development of the Arts and then this sort of behaviour dilutes the very essence of that development.
========================== you go girl.that ,episode,on sunday morning,----,we all are behind you ,they picked the wrong person to triffel with. we admire your courage and strength of conviction.go fabulous warrior princess karen q temple...everyone supports you on this and is only to willing to help.if any is needed of course.take care brave heart ========================== this monday afternoon did read about the drama saturday night. The restrictions should be with the developers and real estate allowing people to live around an entertainment area. squatters and young people know how to handle inner city living those moron’s with there 9-5 jobs and gettin all goo goo over their precious inner city apartment"s should go live in the burb"s. Good luck with the mission. ========================== What the hell is this city coming to? Inner city residents move into what should be the hub of Auckland’s nightlife, and then demand that everyone goes home at 10pm, so they can sleep, and their lap-dogs, the NZ Police, follow their orders like Hitler’s Brownshirts. The police seem determined to shut down live music in the city, and are prepared to act unlawfully, if necessary, to see this end reached. World wars have been fought to prevent this kind of fascism, and we should be demanding someone’s head on a platter to ensure it never happens again. I thought that there would have been more fuss after last year’s similar unwarranted and very heavy raid on a private party at the Java Jive. Perhaps the Auckland public is too sedated by the governments promise of pouring $80m into "the arts" to care, but the tourist industry is sure going to suffer if NZ has to close down at 10pm on weekends. The Minister for Auckland should be made to see the folly of this type of police action, and come down hard on this element in the police. The police are supposed to be servants of us all, not just the wealthy downtown apartment dwellers. Perhaps the weather on Saturday night kept most of the "Boy-Racers" off the street, and the cops had nothing to do. That certainly seemed to be the case in the Java Jive raid. I pay my taxes to be protected by the police, not to be made into a criminal for wanting to hear live music at one of our (very rare) inner city venues. Whoever ordered this raid should be thrown out of the force - they do nothing to engender good relations with the public they serve, and who pay them. You have my support all the way. ========================== By coincidence (or was it!!) it was the 20th anniversary of the delightful "Red Squad’s" antics in the 1981 Springbok tour. I was playing in Hamilton on the day of the cancelled match at Rugby Park. We had Springboks and their Red Squad minders in the audience at the Lady Hamilton nightclub that night, and I almost got the crap beaten out of me because I don’t know when to stop making public statements from the podium... but I think that public protest is the only way we’ll shame these people into changing their tactics. As a musician who had to face the Task Force’s beautifully even-handed approach to policing Auckland’s bars in the ‘80’s, I am thoroughly sickened by a return to those methods. What the hell did Temple ever do to deserve this ‘operation’? I’ve never seen any raucous behaviour there, let alone trouble and riots. Keep the faith, Karen. ========================== Hey Karen. Sounds like some body with the dollars is trying to push around the little people. I would like to personally thank the New Zealand Police for their support of Kiwi Music. Not! It’s kind of hard to be sarcastic in an email.
Far out man, you go girl! tell it like it is, what shits!!!! makes me wonder if I am still living in a democracy! sorry to hear about all this Karen, hope things get sorted out, and an appology is made, I wasnt there that night, but I’m glad I wasnt really because knowing me I would have thumped a cop or two and ended up in the slammer!! all the best Karen ========================== Heard the news. Must have been a quiet night in town and they had nothing better to do aye. Stick to your guns, don’t let the bastards get away with it. ========================== Dear Karen, I was most upset and shocked to read of the Police and their idiot security guard friends coming into the venue, abusing their power and throwing their weight around so unnecessarily. Their refusal to give badge numbers is appalling and I hope the press given to this outrageous act weighs very heavily around their collective necks. I was once arrested by the NZ Police for making a light hearted artistic protest around Jenny Shipley a decade ago and experienced at first hand the mindless macho attitudes and bully mentality of the NZ police. So my sympathies and thoughts are with you. To have inadequate bully boys in uniform and moronic security guards ( for gods sake what were they doing there! they are not police!!)
seems like a very good case to sue their collective arses! The lawyer who helped us out is Rodney Harrison and he used to be at the Southern Cross Chambers on High St in Akld- he does very good work for artists and will take up a case on its merits. If my memory serves me right I think Mr Harrison was actually a QC or about to become one in 1991 so a powerful ally if you can contact him. Again my commiserations re. this horrible affair. In my experience many (but not all) police do not do their job properly, they bend rules and basically bully situations to suit themselves and their targets. I wish you all the best in bringing these simpering witless morons to account. ========================== Hi Karen!!! Wow! If what I’ve just read is true, you had a wild night on Saturday night!!!! Our bar in Cuba St. Indigo, (I call it "our" bar cos we don’t really go anywhere else and the doors are open to the Rumble practically 24/7) had an extremely similar debarcle when "Bailter Space " played a couple of years back, If I recall right, some of the "confiscated" items came back needing repair and some went "missing" while confiscated... useless bunch o tossers!! I am sorry that sometimes bad stuff happens to good people.. I hope that it all comes together for good, especially if you can come across calmly to the media as a major promoter and backer of NZ culture and music and as an innocent party through all this and get some good publicity for your bar, somehow... I wish it was while we were playing.. my family has a long history of intelligent protest and vocal distaste for the queen’s police.. (we’re from Parihaka!!) It makes me think (rather proudly) of those (in)famous words spoken by Dave Dobbyn on Queen St... he was really accurate in his description I reckon!!! Anyway, word on the street says Temple is a place of true Urban Legend!!! Regards, compliments, hugs of empowerment, thumbs up, comments in line with "You’re choice!!" ========================== The Gypsy Bar & Ruby Lounge Environment Management Authority REVIEW OF THE ENVIRONMENT PROTECTION ACT 1997 I am writing in relation to the call for submissions on the operation of the Environment Protection Act 1997. My particular interest is the noise provisions of the Act and the relevant Regulations. By way of background, The Gypsy Bar at its former premises on East Row was the successor to a 30 year use of the premises as a live music venue. In 1964, the premises was the site of Chapter One, Canberra’s first regular live popular music venue. When we took over the premises in mid-1996, it had been for many years the site of the Terminus Tavern, a venue famous in Canberra for hosting very loud, very heavy, live rock music. For a year, The Gypsy Bar co-existed happily enough with its neighbours, with a live music program that comprised louder, harder styles of rock, but also pop, jazz, blues, folk, country, lounge and even the odd foray into classical music and theatre. But then our circumstances were radically transformed. The ownership of the building changed, the business above us expanded into adjoining premises, it was granted a liquor licence and went from being a "café simpliciter" to a fully licensed bar, with pretensions as a restaurant. And it promptly started making noise complaints. Canberra’s live entertainment venue On 13 January 1998, we were issued with a Noise Direction Notice, in the following terms:
At the time the noise measurement was taken, the bar above us was actually shut: 54 dB (A) is virtual silence. The level 70 dB(A) can hardly be characterised as causing "environmental harm": it’s not much greater than the sound of a telephone ringing. This occurred despite the facts that:
Although the Act and Regulations have been changed in a number of respects, their practical application remain the same: after the hour of 10pm, a "zero" noise level applies uniformly throughout Canberra (before 10pm, "noise up to the level of a whisper is permissible). Noise of some kind is associated with most hospitality venues (particularly if they’re successful) and all entertainment venues. Noise restrictions have proved a problem for live music venues in particular everywhere in Australia. There’s controversy raging in Brisbane at the moment over noise problems in Fortitude Valley (the hub of the live music scene there) and over the past year several well established and highly regarded venues in Sydney have closed because of noise complaints. But when these noise problems arise in other places, it is always in the context of the effect on nearby residences. It is probably unlikely that there would be such a coincidence of circumstances as to see a repeat of The Gypsy Bar’s particular catastrophe. But the way things stand today, it could happen. A simple example of how it could happen again: somebody could move into a site on London Circuit that is currently a hairdressing salon, turn it into a non-descript café and promptly start attacking an adjoining bar and nightclub for making too much noise. It wouldn’t matter that the bar and nightclub was a well run and popular venue, which may have been there for a number of years, it wouldn’t matter that it was located in what is clearly this city’s late night entertainment district. The fact is that if one person complains, this establishment could be put out of business virtually overnight. It seems to me to be ridiculous that such a situation can come about in the heart of Civic, having regard to its (mainly) non –residential character and its role in the city as the hub of Canberra’s nightlife. Some consideration also has to be given cultural implications of the noise regulations. I attach a copy of a letter (subsequently published in The Canberra Times) after observing an Austrian folk band playing in Garema Place during this year’s Multi-cultural Festival. The key point is that all music is a form of "noise" and all live performances are relatively "loud". A further point that could be made is that publicly funded music performances in Garema Place are apparently cultural events while similar performances in a private venue just 100 metres away could well be judged as "noise pollution" should someone complain – even though a live performance in Garema Place is going to be far more environmentally intrusive. I was reminded of this over the weekend as an 8 piece African music band performed in Garema Place as part of Canberra’s Olympic program. The performance could clearly be heard from hundreds of metres in every direction. The same band performed at The Gypsy Bar on Friday night: if somebody had complained – someone in an adjoining coffeeshop, for example – what was "music" earlier in the day could well have been labelled "noise pollution". I had the opportunity to discuss these matters with the Chief Minister earlier this year and put forward the proposition that one way of dealing with these issues would be to formally recognise Civic’s character as an entertainment and nightlife precinct with somewhat more realistic noise standards. As part of such a scheme, venues might be licensed to conduct their entertainment activities up to a certain level of noise within the venue itself. I would be happy to discuss the matter with officials conducting this review. Brendan Sheehan Attachment There I was, wandering up City Walk when the strains of some music drifted down from further up. I detoured, as one does, to investigate. There was this 8 piece Austrian folk band pumping out the oomph pa pa and yodel-yodely-oh style of music characteristic of the Tyrol. And very pleasant it was, too. I enjoyed it, the crowd loved it and, from my observations, Justice John Gallop of the ACT Supreme Court and a member of the Federal Court was having a grand old toe tapping time. I whipped out my trusty sound level meter and sidled up to a position adjacent to the good judge, 20 metres distant from the stage, and took a few measurements. The band was averaging around the mid-90dB range and peaking at around the 100dB mark. Spoken announcements measured 84dB. The night the old Gypsy Bar got pinged as loud noise criminals, the music in our room was in the 90-92dB range and was measured in the café above us at 72dB. Thank God we weren’t hosting an Austrian folk band that night – I’d be even deeper in the poo than I am now. I do hope this experience of live music gives the good judge some sense of perspective for the next time he’s called upon to consider the meaning of "loud" and "noise". All music is a form of "noise" and all live performances are relatively "loud"– and live folk music can be somewhat louder than live rock music. Otherwise, we’ll end up a cultural desert, with younger people in particular deprived of the opportunity to experience the live performance of the music of their choice. Brendan Sheehan
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Temple - Music Industry Specialists . +649-377-4866 . +6421-416-768 . nzmusic@temple.co.nz . www.temple.co.nz . PO Box 6156 . Wellesley Street . Auckland . New Zealand |
