On November 20, 2018, Gervais Michael Dominic O’Reilly, 59, was served with a criminal harassment warning letter after making numerous fruitless complaints to the Waitaki District Council about his neighbours’ living arrangements.
The letter addressed his neighbours’ concerns, as they wished him to stop taking pictures of them and antagonising their dog.
He was undeterred by the criminal harassment notice and continued watching and recording his neighbours’ movements.
The dispute began in March 2018, when the complainants bought a 10.5ha block of land which backed on to the defendant’s property.
The female neighbour noticed O’Reilly had been photographing her and, fearing for her safety, she asked him to stop.
O’Reilly continued taking pictures and repeatedly called Noise Control, complaining about the couple’s generator.
No action was taken by the council.
In August 2019, the defendant filed an action in the Environment Court, seeking enforcement orders in relation to the construction and use of an existing shed on his neighbours’ property, of which the council was also a respondent.
He was unsuccessful and, in 2021, he was ordered to pay costs of $219 to his neighbours and $7831 to the council.
"Every time there has been an application made by him, it has been refused and rejected," Judge Kevin Phillips said.
On March 4, 2021, police searched O’Reilly’s home and seized 13 electronic devices.
Numerous images were recovered and a small number of them were of the complainants.
"He is there taking photographs of people through holes in the fence and such, causing grief and knowing he is causing grief.
"They weren’t defecating in a bucket alongside the boundary at all ... I am wondering whether I need some sort of psychological assessment for this man."
The defendant’s obsession came at a significant cost, but he maintained his innocence until late this year, only pleading guilty to the charge of criminal harassment after a trial date was set.
Counsel John Farrow said O’Reilly was "genuinely contrite" and "wants to move on and put this unhappy chapter of his life behind him".
O’Reilly was convicted of harassment, received a deferred sentence of 12 months and was ordered to pay $2000 to the victims for the emotional harm he caused.
Judge Phillips encouraged the man to seek reconciliation with his neighbours.
"You both live in a small area of New Zealand, in close quarters.
"You need to talk, at least ... People should be able to live their lives freely and enjoy their property," he said.
