A police spokeswoman today confirmed a 28-year-old man has been summoned to appear in court for damaging the $300,000 sculpture, though a hearing date has not been set.
Local man Hunter MacDonald has publicly admitted to being the person filmed climbing the Water Whirler earlier this week, bending it until it broke.
MacDonald was hit on the head by the pole before falling into the water on Monday, leaving him with a gash in his head. He was treated in hospital for his injuries.
MacDonald has not responded to New Zealand Herald requests for an interview, but in a video supplied to Stuff he said he was bored at the time and wanted to practice his gymnastics.
"A crowd started to form, sort of egging me on ... I was sort of taking it further and further seeing how high I could go, seeing how far I could push the sculpture."
In another video supplied to One News, he said there "wasn't a sign that says don't climb".
The Len Lye sculpture had been undergoing maintenance following damage caused during the Kaikoura earthquake when the sea water got into it and fried the electrics and was due to be back in action this month.
But a man has today climbed up the thin structure, bending it and eventually breaking it.
Roger Horrocks, a trustee of The Len Lye Foundation and author of Len Lye's biography, said it was not the first time the iconic sculpture had been damaged.
The foundation had no uptake when it previously recommended Wellington City Council block access to the sculpture. He hoped it would now reconsider.
"A sculpture like that has to be proofed against idiots - total idiots who want to destroy it.
"People don't seem to understand that if you lean on it or tug it... it hasn't been damaged to the same extent previously. I mean this guy has actually broken it off, but it has been interfered with and damaged."
