Mr Henderson denied yesterday he was entering into a tug-of-war over the eye-catching statue. However, it was his main concern with the receiver.
"People ... think because I'm in a difficult situation that they can take advantage of it", he said.
Auckland-based receiver Paul Sargison, partner of Gerry Rea Partners, said yesterday Joie de Vivre was removed as it was an asset of Anthem Holdings Ltd.
Mr Henderson, of Christchurch, was listed as the sole director of Anthem Holdings by the Companies Office, which also stated Anthem owed $11.7 million.
Mr Sargison declined to say where the large sculpture was yesterday, but a "very reasonable offer" had been made for it by an undisclosed party. The statue was "stored nearby" and Mr Henderson knew where it was, he said.
"It's being refurbished by the sculptor [Llew Summers] and we'll sell it. I think he's already repaired it.
"It's literally the last personal property asset. We're not selling the land. The land is owned by the company and our security doesn't cover that.
"Mr Henderson's protesting our right to remove the statue. We believe that we are acting within our bounds as receivers. We're the only receivers the company has ... It's our obligation to reclaim the assets."
Mr Henderson said yesterday Mr Sargison lived in a "fantasy world" and his receivership concerned only the personal property of Anthem Holdings.
The receiver should never have taken the statue, he said.
"There is a difference between personal property and real property. A two-tonne sculpture is not personal property.
"Even if it was personal property, Mr Sargison has no right to it and can't give title to anyone because the security he's been appointed under is only second-ranking. Mr Sargison knows this full well and is clearly deceiving people and would be happily doing that if we hadn't pulled him up on it."
The first charge-holder was a company associated with his group and it was this company which would take the sculpture back, by crane and truck, Mr Henderson said.
"It has legal possession and it is going to take possession. This has all been a huge waste of time and money by Paul Sargison," Mr Henderson said.
"This is just a continuation of incredibly childish and unproductive games by silly little men who get paid by the hour."
Gibbston Community Association chairwoman Susan Stevens yesterday said no valley residents had mentioned the sculpture's vanishing act to her. However, the vandalism-prone figure of a leaping obese woman was a controversial landmark. Some residents liked it and others did not, she said.
There had not been any community consultation before the statue was installed in 2007. However, Ms Stevens said she had written to Mr Henderson at the time to congratulate him on the addition.
"It was a shame it was a target for vandals. I like her and the artist's work, personally.
"It was a private artwork, on a very public location."
