Credit: Action Ninja World
Wow. Over the years this man must have l lived a miserable life. Some ppl are never happy and he probably won’t be till he passes away. Then even if he enters the gates of Heaven he will still find something to complain about. Get a grip on life you old gizzard
He’s upset because his son with a brain injury is disturbed by the commotion that the park causes. It’s the way that people complain about fireworks because their pets/family members are adversely affected by them. He’s not complaining for himself but for the sake of his son. I gotta give him credit for taking all this heat for someone he cares about.
So the whole world should stop spinning because of his son? I’m sorry his son isn’t well, but the world still goes on and this theme park shouldn’t be closed down.
So he should up and move himself at 85 years old AND his sick son because a development company came along and decided to build a theme park in his back yard and lied about the details to him? Doesn’t sound to me that you are at all sorry that his son is sick.
Yes, he should move. People need to stop pandering for this nonsense. That isn’t even an actual theme park, it is basically just a neighborhood playground that is larger than an average city park. What’s next — suing the city because cars drive by his house (which is even more noisy — and upsets the kid too)? Enough already.
You’re an f’ing idiot. He waas there before the park was.
Dear Sheeple: you are the reason people use the media to do their thinking for them
It’s disturbing that people are more concerned about a theme park than the fact that a corporation blatantly lied about the situation. No it’s disgusting they are placing profits over the health and welfare of an individual who has a tBI. I commend his Father for standing up for his son. That’s BS what they pulled.
They need to find another place to build
Ultimately. He’s probably saving them from a truckload of serious injuries and lawsuits. It is possible that ninja world is a not a good idea in the first place.
See, Action Park.
Hey Daddy, you want sucky sucky?
They lied to him to get the park approved. Now it gets to sit empty until the people they lied to, pass away naturally!! That’s what ya get for lying lol
Or maybe they should have disclosed all of the facts about the park, when he was signing the consent. I guess you really don’t have empathy, now do you? Nor do you have a clue about brain injuries. It makes me smile that he is taking a stand for his son. I hope the park has to relocate, it serves them right.
Jason, you would have to be the stupidest person I have ever come across.
Clearly you are an oxygen thief and have no understanding of what is going on here.
It is not about the Son you fool.
The old gizzard you refer to has done more for the local community than you could ever achieve in your life. Do your homework and check out his profile. You will realise how little you have achieved in your pathetic life in comparison.
Then read the High Court judgement.
Read my postings and you will see what a complete twat you have made of yourself.
Ignorance is Bliss. And you must live in Blissland.
I certainly hope you are not a Kiwi.
This case is all about the TRUTH.
COGHLAN lied and there is proof he did.
Good luck when you rock up to the Pearly Gates
You are going to need it.
But luck won’t help you and you will be returned to where you came from.
Unlucky My Son
How about a nice hot cup of shut the f^#k up!
Yeah he had a valid reason, did you not read it all? Caring for a loved one with a traumatic brain injury, takes presidence over a day at the water park. Geez.
So, I reckon the part about the lies of omission from the park builders/owners of the park just completely escaped your notice, eh? The only reason Mr Freeth gave his consent was the deceptive manner in which the size and potential noise from the park was presented to him. Such failure on the part of the developer amounts to fraud, init?
But then, who cares about minor fiddly details such as an injured man’s health and well-being when there’s money to be made off of self important entitled gits, amirite?
Except it’s NOT EVEN HIM….it’s his son🤔
You wouldn’t fight for your child with a TBI?
You are going by the assumption that he isn’t lying. One side says he was lied to, the other side says they had lengthy discussions about the size and scope of the park. Neither side “deserves” the assumption of being right. Both accusations are absolutely plausible.
Right on Seither! You have said it exactly the way it is.
And FRAUD is what I consider it too.
COGHLAN and SUPERCHERIE go hand in hand.
Wow I get it his son doesn’t want loud noises however let kids be kids. This guy just seems very miserable and misery loves company
You’s be the perfect mom. Throwing your kids under the bus.
The old man should move with his son courtesy of the park owners who should pay for their relocation. Problem solved.
Why should they move? They were there first. What if the house was in this man’s family for generations? Look up the term “imminent domain” and see how you would like that done to you.
Eminent Domain has nothing to do with this. There is a process they went through that included him agreeing to allow it. The guy signed off on it. He SAYS they lied to him, but you can not just blindly believe what he says because he says it. You also can’t just blindly believe that they lied to him because “they are an evil company”. I would assume everything that was discussed between them through the entire process was documented, including the size, layout and an actual copy of the building plans. If not, why bother going through the process. It would also make no business sense for them to lie, knowing full well that if they do everything can be shut down after they spent a ton of money. It should be easy for him to prove they lied to him. They should not shut them down until that proof is brought forward though. Plenty of people agree to things, then change their mind because they underestimated the impact on them. If they didn’t lie, he agreed, but underestimated the impact, well then too bad. He is an adult and decisions have consequences. If they lied, it’s proven, they are shut down and lose their investment… well then too bad because again decisions have consequences.
If you don’t think the old guy is telling the truth then you also can’t automatically think the development company is telling the truth either. And you also cant say that “They shouldn’t shut down until proof is brought forward” without fully understanding how this type of law works in the country this took place in.
They should buy him a better house in a nicer neighborhood
Lure him away. And open park.
They should have followed the rules and let people know and been honest. Then this wouldn’t have happened.
Now here is a person who has said it exactly the way it is.
I agree Cheryl.
Some people seem to miss this point.
Am I the only one who read that the old man doesn’t live near it but only the son did? If the son’s disability is that severe, why hasn’t old man let his son move in then? I get the inconvenience of disabilities and moving, but they were informed what was going up and only after it was open and successfully doing well did he complain. Sounds like someone wants free money for being a Karen to me.
So a person with a TBI should just be confined to what care? If that person can lead a life why do you want to take it away from him? Besides he was there first and the company lied. Go pound sand.
Well said Steve.
Logic you are displaying a distinct lack of exactly that.
Snap out of it and try to understand that it has nothing to do with the Son. He is just the poor guy who has to look at a 9 metre high (3 storey building) plastic blue and yellow wall next to a huge array of aluminium pipes with a couple of compressors running constantly at 55 Db all day trying to drown out the various screams…..instead of sitting in his chair looking out over rural scenes with Mt Tamahunga rising majesticaly in the distance.
This case is about the integrity – or complete lack of -on the part of Coghlan. It’s about deception. It’s about Council approving something that did not meet it’s own regulations.
Have a read of the relevant important info and see if you can work out what’s going on and then let Karen know you have some free money for her.
Freeth didn’t complain. He simply pointed out he was deceived and lied to and that is proven by the pages he signed agreement to and a High Court Judge in New Zealand.
Do you now understand or would you like a spade to dig your head out of the sand.
I can come and do that for you if needed.
Come on now Karen.
I do live next to theme parks.
& What’s your point Florida Man?I live near KSC, & I’ve learned to live with the rockets going off & etc. I think the old man foolishly went into A LEGAL BINDING AGREEMENT with the park owners & developers,& he should’ve had a lawyer or someone go over EVERYTHING with him before he signed off on it.
Travis Travis Travis
What an ill informed comment you make.
Your thought is incorrect and Freeth is obviously much sharper than you. You fail to grasp that the document you do not need a lawyer to decipher for you, has got elements that you did not agree to.
Simple as that. The agreement was for a car with 4 wheels and a steering wheel, hybrid, green, 4 doors and white lights at the front, red to the rear, windows you can see out of and a radio. The car they deliver has 3 wheels and a joystick, diesel, purple, 3 doors, blue and red flashing lights at the front and green lasers at the rear, no windows and a slit to look out open to the weather and a reel to reel tape recorder.
Do you accept it as just one of those things, ask for what you ordered, ask for something else, tell them not to worry and keep your deposit or ask for a refund?
Or get your lawyer to have a look and compare it to the original document.
Just because you are 85 years old doesn’t mean you don’t understand. Looks like his understanding is better than yours I’m afraid to say.
After all it’s only a CHILDRENS PLAYGROUND!
Coghlan would obviously be happy with the 3 wheeled, purple version.
How is there not any way that the son can block out the noise? In this day and age, there are noise canceling headphones, and all kinds of ear plugs, that can be bought to stop him from hearing. Also, this reminds me so much of people out in my area who built new homes about a mile down the road from a gun range. Before COVID, you could hear shots being fired 7 days a week from 9:00 a.m. in the morning until approximately 9:00 p.m. in the evening. Now all of a sudden the new homeowners after they move in, are all upset because it’s too noisy for them! Well it was in your purchase agreement, it was in the office on all listings, and it was guaranteed to have been talked about more than once. When you went to all the open houses of the different types of home plans that were offered it was mentioned. Everybody’s house seemed to go up for sale about a year after they bought them, especially the ones who faced the gun range. My house also faces the gun range. But after a while, you just get used to it right. Then COVID hit and all those people who moved should have stayed, because it was absolutely quiet until the end of 2020 to the beginning of 2021. Now because of everything that has happened, I don’t even hear shooting anymore and it’s very quiet for long periods of days and days. Plus the City council has decided to purchase the land and get rid of the gun range, that has been here for more than 40 years. I understand that the theme park was put up after his son was living in the house. However, I do not believe for one minute that they did not show him the size of the theme park. They knew they had to be way above board for this, so that he wouldn’t sue them. To me, he sounds like a cranky old man, who just wants to cash in and get money for his son. And believe me I am not some young woman commenting on this. I am almost 70 years old, and I have a few disabilities myself, and when they told me about the gun range, they were 100% upfront about it, and I knew what I was getting into. There’s just something hinky about his story. And anyone knows no matter how big or small a theme park is, it is going to be noisy! And even if he does sue them, they’re going to drag it out until he just up and dies. And then his family will have to pay off all these lawyer fees and nothing will get done in the end anyway. The solution is so simple, just find some noise canceling whatever product and have the son wear it.
You seem to be getting bogged down with the Son.
It is not about the Son, it’s about being shown the same plans submitted to Council and Council satisfying themselves that everything is in line with the regulations.
And yes you would take it for granted that you would see the plans and approve them or otherwise.
Freeth approved the plans as shown to him by Coghlan – 2 or 3 pages. Coghlan sends Freeths approval to the Council. Onlt problem is the plans he sends are 13 pages with scale drawings and full descriptions for his ACTION NINJA WORLD not the CHILDREN”S PLAYGROUND he showed to Freeth.
This case is about who told the Truth.
Council approved without checking. Why? Because Coghlan is a big player. He gets what he wants. He is cosy with Council.
Council approve the application and the Park opens.
Freeth is surprised to see such an imposing (over 9mts tall) structure a few metres from his boundary, shocked at the colours for a rural environment (do not meet the guidelines for the rural site) concerned to hear motors running constantly (never got told about that) and is left wondering when children’s playgrounds started charging $25 for a turn.
He tries to discuss it with Coghlan who passes off the noise as children having fun and states it is what he agreed to.
Knowing he didn’t agree to compressors running all day, he asks Council who just ignore him on more than one occasion.
Out of frustration at the Councils lack of response he gets his lawyer to request details of the consent. After ignoring that request and generally being unhelpful, a copy of the consent is obtained and it becomes apparent that the submitted plans to which his approval is attached, are different and much more detailed than the ones he has signed off on.
Now why would that be the case? Ask yourself……
It then takes a year to bring the matter to Court due to factors including COVID, Council unhelpfulness and Coghlan’s inability to address the concerns which you can read about in the judgement if you are interested in seeing how comfortable Coghlan and the Council are.
Freeth took a case against the Council for a Judicial Review of the decision to grant approval when the documents supplied were not what he signed and the Council failed to check. In addition to that deception there were a number of other issues…like noise, height (over 9 m) colour, incorrect statements regarding factors to mitigate the visual impact (claimed the trees on the boundary were on his property), claims they had planted trees which was not true amongst other things.
You say you do not believe for one minute that they did not show the plans. In an ideal world they would.
But the judge is persuaded by the statement from Mr Freeth and unfortunately for Council and Coghlan his signature appears on the pages he was shown which the judge describes as inadequate, especially since he submitted the complete set later that day!
A heavyweight property developer visits an old man and gets the approval on what he shows him. After all even an old man knows what a childrens playground is (swings and slides, maybe a witches hat, some parallel bars, a merry go round) and he is not a spoil sport. He doesn’t want to stop kids having fun. He agrees.
The property developer never shows him pictures or photos of the Action Ninja World he plans, no scale indications, no height to boundary, no colours of the items etc. All the stuff on the pages he sends to Council as soon as he leaves Freeth’s home and returns to his office.
So should Freeth sue him?
Not in NZ my dear.
Does Coghlan sound like the sort of guy you want to have over for a coffee?
Ask the objectors to his developments in Orewa.
He claims it is closed due to circumstances beyond their control. Really Mr Coghlan. You should stop being deceptive.
Coghlan is the man after the money and he doesn’t care if he has to lie and deceive.
Supercherie best describes him.
We’ll stated, Maui! Your post was more informative than the article itself.
Freeth, stop referring to yourself in the 3rd person – no need to hide behind the moniker “Maui”.
And if you aren’t Freeth, then how are you so sure he’s being honest but not affording the company that same distinction? You have a strong implicit bias and are littering this thread with your unfair take.
I was very interested in this case, particularly the relationship between Coghlan and Council so I did what I always do….
One look is worth 10 reports.
And then I spoke to anyone who would talk to me about the matter.
Guess who didn’t want to talk?
I have been involved in the local community for over 50 years and I am aware of the activities and reputations of the 3 parties involved.
There is only one that I trust and thats the person who has spent a significant amount of money to PROVE the other 2 parties operate as a law unto themselves.
Shame you feel the need to attack me but that simply highlights how ill prepared you are to accept facts.
All I have done is to confirm the facts.
Please detail what is ‘unfair’ or ‘biased’.
I am neither of those 2 descriptions, nor am I a liar.
I challenge you to prove I have lied.
Respect your elders.
Ok this is a very unfortunate situation the whole way around. Everyone suffers especially the parkgoers..they didn’t do anything other than really enjoy themselves!
Ok, you are telling me that with the amount of money that I’m sure was being planned/hoped for, NOONE though hey let’s get all this on tape? I mean it’s not a breakthrough idea. When things are being discussed in business, there are backups of backups and if there’s not someone screws up!
Dear Ninja park owners,
Pay to move that guys son somewhere far enough away from the park that it’s a non-issue.
Alternatively, you should have a good enough legal team to bury the old man. It’s not your fault the guy didn’t understand what he was looking at. Understanding before signing is on him,, not you. That just doesn’t look as good to the public eye.
4 lawyers against 1 in the High Court.
A Judicial Review.
Bury the old Man?? That’s clearly what they were trying to do.
But fortunately the Judicial system is more robust than that.
It’s not you fault you don’t understand what is going on here.
How many times have you all sent food back that wasn’t what you ordered? Or sent something back thru Amazon because it wasn’t what the description said it was? Yea STFU! They lied to this old man!
Exactly Steve! Tricky for some people to grasp!
This is NOT Disney Parks news!!
Why is this even a story here on ITM?
Typical geriatric….they feel completely entitled because they have “paid their dues” blah blah. Sounds like his son should be in a care facility that is capable of caring for his daily needs. An 85 yr old is NOT a qualified person for that. I’m sure the park officials did their due diligence in explaining to him the size and type of park it was prior to building it. If it was to be just a standard “primary school playground” I doubt such detailed conversations with this oldster would not have taken place. He’s a fussy pot-stirrer and if I were the judge in this case I would say shut up.or start packing and move. You signed off on it.
You sound like a miserable agree person. Feel terrible for your family and friends (if you have any) especially the elderly ones…
Easy to see why you are not a judge because you clearly see from one eye. The park officials as you refer to them is COGHLAN and he LIED to FREETH.
FREETH approved a CHILDRENS PLAYGROUND – 2/3 pages
COGHLAN supplied a DIFFERENT PLAN to Council later the same day – 13 pages – called ACTION NINJA WORLD!
Educate yourself and read the judgement.
That is the big problem with The Crowns courts. This park was already approved and built and was profitable. The company can now go and sue the town for the costs incurred by the company to build the park and all legal expenses. The. Court should keep its nose out. The person objecting doesn’t even live near it. He has No Standing in this matter.
And you Sir have shown your ignorance, not only did Coghlan LIE to get the neighbours consent, the COUNCIL should not have approved the application in the first place.
Freeth took a JUDICIAL REVIEW case against the COUNCIL as first respondents.
Perhaps you missed that point!
FREETH has every standing in the matter. Not only is he an affected person, he clearly doesn’t take kindly to being LIED to.
Do yourseld a favour and read the judgement.
Have the park pay for noise canceling things. You’d be surprised how much noise can be baffled with cement, walls, and plants
Everything else’s aside… did the noise of the park being built not bother nor affect said person …I’m pretty sure it would also have clued them in on the size/type of park being built 🤷🏼♀️ I assume someone would have said something before they opened the park better yet should have been handled during the beginning of construction
I think the court should tell both sides off. Close the park, and then order loud road construction near the son’s house.
The park owners either didn’t get the full details on the son’s illness, or they were more interested in making money than worrying about one person in the nearby area.
As for the guy with his son, how much noise can a theme park with no rollercoasters or mechanical stuff make? Are these complaints purely based on screaming? Is the park really that close? Also, how do they fully build the park, *and* have a full season, before this guy realizes, “Wow, that is louder and bigger than I thought. I better do something for my son!”
Is his son having seizures or something? Headaches? Try closing your windows! Noise proof his room or something. While you’re at it, get a pair of glasses so you can see when a giant park is being built where you thought a “kids park” was being built, or get your son a caretaker who can.
Frick, this was annoying to read.
What an uneducated conceited comment. No wonder you found it annoying. You clearly have trouble understanding BLACK and WHITE, RIGHT and WRONG, TRUTH and LIES, NIGHT and DAY.
It is staggering how some people make such mindless comments, highlighting how intellectually challenged they are. Thank fully there are many more people who see this for what it is.
This article has failed to highlight the most important point in the High Court hearing and the real reason the park has been
shut down, that being Mr Coghlan did not show the same set of plans to Mr Freeth as he supplied to the Council, nor was he honest in his discussions.
This is what is commonly called DECEPTION. The judge also highlights had Mr Freeth been shown the same documents supplied to Council, (a matter of hours after getting Freeth’s signature!) it goes
without saying he would not have given his consent. The sheer size and scale of the park – and it’s future plans – would be rejected by any affected person. Would you like it next door to your rural lifestyle
Why did Mr Coghlan locate the ‘Children’s Playground’ within a few
metres of the only neighbour in the vicinity, when he has plenty of
other places it could be sited?
Mr Coghlan DECEIVED the neighbour and when concerns were raised he was not interested in discussing a solution. He had his consent.
Coghlan knew what he was intending to erect, so why would he not refer to it’s correct description as ‘Action Ninja World’. Freeth was happy to approve a children’s playground with the associated noise created by children playing. Coghlan did not mention the noise of the compressors running from dawn ’til dusk every day for months on end. Why? Because he knew no neighbour would agree to that. Would he want that a couple of metres from his boundary?
Action Ninja World refer to ‘unforeseen circumstances’ and ‘matters
beyond their control’. More examples of DECEPTION or just simply LIES.
Attempts were made to resolve the issues but Coghlan was not interested.
A neighbour does not resort to taking a case to the High Court without good reason. They were deceived – LIED to by Coghlan who then used his influence within the Council to get the various approvals in unusually quick time, as noted by the judge.
This case has nothing to do with Freeth’s son. This case is all about the TRUTH. Doing what is RIGHT. Standing up for your rights. Supplying the correct information. Giving approval to what
you agreed. Being HONEST. Consideration of others. The little guy
against the big guy.
High Court action costs a lot of money and despite costs being awarded against Council and Coghlan, a significant amount of money and huge amount of time needs to be spent to allow the truth to be told. You never recover your money and the chances of a successful outcome are very rare. I understand Council delayed paying as long as possible. Coghlan probably won’t pay. He fails to acknowledge he deliberately set out to deceive an 85 year old man, preferring instead to accuse him of changing his mind. Another LIE and a cheap shot.
There is no doubt Freeth will never recover the money it has cost to take this action, despite being awarded costs because the Courts have limits that are set lower than the actual real cost. Crazy but true. One has to take another case to try to recover costs above the threashold which will likely end up costing more than what you claim. Freeth will never get all his money back, that’s the reality. An action like this can easily cost in the region of $30 – $50K. Who would want to spend your retirement savings proving you were lied to!
Coghlan has a reputation for upsetting people. He is the sole person
responsible for the closure and the upset people wanting to experience the park.
The park could easily have been up and running a couple of weeks later had he made the sensible decision to move it elsewhere on his property.
Instead he has tried to move things a few metres away from the neighbour and erect a ramshackle fence made from various second hand structures, which can only be described as an eyesore.
Coghlan has no respect for his neighbours and I suspect this is the only time he has been challenged at such a level.
The judge found firmly in Freeth’s favour and both the Council and
Coghlan will be licking their wounds. Council had 2 legal
representatives as did Coghlan. Add that cost to the costs awarded to
Freeth to cover some of his legal fees and ratepayers would be concerned to see their rates being spent on this case, when they were so clearly wrong to issue the consent, let alone force a court proceeding.
Questions also need asking about the internal management procedures of the Council, let alone the relationship with Coghlan. The judgement clearly highlights several women in Council who failed to do their jobs properly. Were they disciplined and retrained so they can do better next time? Or was the lure of Coghlan’s Christmas Club backhanders too much? More than one woman signed off the consent without carrying out their own checks and so quickly, you would be mistakken for thinking you were not dealing with Council.
But Coghlan is a name they all know and he’s a big player. You don’t want to miss out on your Xmas ‘Card’ from him.
This case is not about children being denied fun.
It is about what is RIGHT and what is WRONG.
And it is clear Freeth was right. The HIGH COURT believed him. Because he told the TRUTH.
Council and Coghlan were wrong. Not just once.
Coghlan used deception to try to fool an old man and ended up being the fool.
There are many people who look forward to what Coghlan has to say when he decides to speak. Fortunately the High Court has
highlighted the type of character he is and comments about ‘matters
beyond their control’ reinforce just how much credence should be given to what he has to say.
Three cheers for Freeth and his determination to make sure the truth is told.
SHAME on Coghlan for trying to pull the wool over an old man’s eyes and put him through a High Court hearing costing tens of thousands of dollars from his retirement savings.
I have rarely seen such a comprehensive victory for the little guy.
The community thanks Mr Freeth for his fight for Justice and I
hear he has had many approaches from people and groups who
seek his help in their own battles. He is a humble man who has no agenda and has spent a lifetime working for the benefit of the local community. Check him out. He is responsible, with the help of others, for so much that has benefited so many and continues to do so. All of it VOLUNTARY. He has taken the Council on in years gone by on behalf of the community. The Couuncil awarded him Community Person of the Year in the 90’s.
Heavyweight Coghlan picked the wrong old man to fight and was knocked out in the first round by a battle hardened lightweight, with a harder punch, polished combinations, slick footwork and a well honed instinct to fight for the truth.
Let’s hope that is the end of the fight….But I somehow don’t think so.
I’m in Freeth’s corner if he needs anyone.
Thank you for showing us the way Mr 85 year old Freeth.
MUCH RESPECT OLD MAN!
This site is horribly written with too many ads.
Perhaps the park can buy the household son is located at and pay for their moving expenses to a new house further away from the noise and crowds from the theme park. That way the park cam open and people enjoy it and the son can enjoy a quieter place to live. Looking at what might make all sides more happy in the end.
i lived within earshot of disneyland. now i’m closer to knotts. theme parks are inherently loud. i feel for his son, but the real world changes. it can’t stay the same way forever, no matter how much someone might want it to. either adapt and accept it, suffer with it, or move, but why should the happiness of an entire region be dependent upon the comfort of *one* person whp HAPPENS to be the permit-signer’s son? i would get it if there was an entire building dedicated to brain-injured people there, but this here is selfishness and favoritism.
Just buy the guy out
Yay! Finally a win for the little guy. Gotta love New Zealand
that actually cares about the people. Since the theme park folks Misrepresented their park I’m glad their bring sat on for it.
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