Originally Posted by Drunken Monkey
oops, too late.....
oops, too late.....
what legal points? back them up with appropriate legal argument.
Forum whore
In the nature of things, it would normally be very difficult for a photo, in itself to be defamatory (it would be libel, not slander, if it were ). Since a valid defence to defamation is truth, and , unless it has been photoshopped or something, the photo would seem to indicate prima facie truth.
Even if it were misleading, that in itself would probably establish honest opinion, another defence.
Of course, to put forward a photo of some sort of damage, and use that as a basis of an allegation against a person unconnected with the photo could be defamatory. But that is not relevant here, since the OP is admittedly the person in the (hypothetical) photo.
However , as no significant damage has been done,(it can be argued that the minor wear tracks are "fair wear and tear" - like footprints) there would seem little basis for any civil action.
Whether any traffic offence has been committed would depend on signposting etc, but on a push bike it would seem unlikely. And even less likely that the police would be interested.
Of course Mr Wellyman could still find himself in trouble with his principal, charged with annoying silly old biddies. He is young, and therefore, by definition, guilty of something.
.
worst case just take the stairs.
your rims should be ok going down those piddly stairs too, long as u don't jump them. just make sure you've got enough air in your tyres.
Immature and proud of it.
Tell me about it. They even want to charge them more to get to Auck in the hope it'll keep them out.
BTW Wellyman why not ride on the road like you're supposed to?
Guess who pays to repair the grass area? Certainly not you, just the mug ratepayers.
Speed doesn't kill people.
Stupidity kills people.
Immature and proud of it.
Yes she can.
Do you think tourists have to get permission from everyone who appears in a photo they take?
What law have you studied, Sod's, Murphy's?
Speed doesn't kill people.
Stupidity kills people.
The Loose Goose
I've worked as a photographer for years and you can take photos of whoever and whatever you like in a public place - which this appears to be. The only restriction is in publishing them - if it's a shot of a kid, you usually have to get a parent's permission to use it, and likewise if you plan to use an identifiable shot of someone to illustrate a story about burglary, obesity, etc then you are better off using an image from a photo library or one that has been deliberately set up and labelled "posed by models". I happened to be at a reserve once when some dickhead in a Jap import decided to do donuts on the grass. I took his photo and gave it to the police and he got done for it. Could see his face, could see the wheels spinning - can't tell me that I was in the wrong for passing that photo on.
As for slander - where did you study law? Inside or outside the system? I think you are referring to libel or defamation in any case, and there is the defence of honest belief to that. If she honestly believes this guy IS damaging the grass, then she can't be found guilty of libel.
I think the original poster mentioned something about walking his bike along there in the mornings but riding it in the afternoons. I would think that an easy and non-confrontational answer to this would be to walk the bike past this woman's house at all times. Or ride on the footpath (unless there are signs forbidding it), taking care if there are pedestrians about.
This woman is obviously pissed off so she could take the photos to the council and have barriers and warning signs erected so you'd be stuffed for taking your bike that way in future.
Yes, I am pedantic about spelling and grammar so get used to it!
Forum whore
Beemer, did you have to have permission to shoot in certain areas? Reason I ask (and it has nothing to do with the thread) is when my wife and I got married our photographer had to have a 'licence' to take photos in the Art Centre in Christchurch.
Fair weather rider
As i said, im not here for petty arguments fellas....im here to enjoy what Kb has to offer, despite what outsiders say about this place.
still waiting ddw. back up your claims. it's not petty arguments - you made a statement, now back it up.
Just faidin away!
Wellyman, what is most important to "you" in this whole situation and how beneficial is it to you that you "must" win the dispute?
There is more than one way to skin the cat, stand back and really think about what it is you want.
Sometimes winning and being right is not necessarily the most profitable outcome.
The art of diplomacy is, "telling someone where to go and have them looking forward to the trip!"
With a little bit of thought you could turn this whole thing to your favour and have the "old Biddie" become your most ardent admirer.
She may even go to your headmaster singing your praises as an exemplary pupil.
A little bit of bullshit can take you a long, long way, use your charm she will love you instead of hating you.
If you put as much time and effort into placating the situation as you have posting the problems on KB it would not be an issue by now.
Think about it,Cheers John.
Practising the art of zen
That brings up some strange metal images. Did you mean preying, perchance?
Fair weather rider
i made my statement, you made yours.nuff said
thing was, your statement was rubbish, and now that you can't back it up you're just dribbling off. don't start saying something unless you know what the outcome/answer is going to be - but you knew that from your 'law' class didn't you?
El tardo tardo....
No....strangely enough, I ment what i said. Maybe you should go teach grammer somewhere
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