QC plans lawsuit against BOPRC

Aerial view of Edgecumbe in April. Photos: Malcolm Growden/Facebook.

Edgecumbe flooded because "someone buggered something up", says Queen's Council David Heaney.

He has pointed the finger at Bay of Plenty Regional Council and plans to lead a class-action lawsuit to get the community back what they have lost.

Heaney says the fact the stop bank wall which protected Edgecumbe failed, and that such a high volume of water was allowed into the waterways, raised questions about culpability for the regional council.

"If water escapes from a waterway [the council] manage they are liable," he says.

"If water escapes from a waterway and damages my house, or I suffer loss of value or loss of contents, I am entitled to recover the cost to replace all of those things."

Edgecumbe was submerged as the river's stopbank burst during heavy rains during ex-tropical Cyclone Debbie in April.

Two public meetings were held last week, with more than 100 residents attending.

Heaney asked each resident to start assessing what they lost during the floods and how they have been affected since the flood event.

This could include uninsured losses, stress and anguish and even the loss of property value due to the 'stigma' Edgecumbe now had post flood.

The lawyers took a team of four to Edgecumbe to conduct interviews and were acting free of charge for the community while the backbone of the case was discussed.

"It is not going to cost anything to get on board with the class action," Heaney says.

"At the moment we are undertaking investigations and conducting interviews. We are acting for free but think there is such a strong case here we have started undertaking investigations and interviews to start the process. The sooner you start the sooner you finish."

It is understood a 'No win / no fee' agreement could be offered ahead of legal action proceeding.

Heaney is also flying in experts to assess the management of Matahina Dam, upstream from Edgecumbe, and the construction of the stopbank wall which failed to allow flood water to enter Edgecumbe.

Residents appeared eager to take part in the legal action with many signing authority to act on behalf forms at the meeting and taking forms home for family members to complete and return.

Rata Street resident Lorraine Hale says she was pleased with the approach the lawyers had taken to the class-action and hoped the case would assist residents.

"It might help us get some answers," she says.

Bay of Plenty Regional Council says they were unable to comment until they have received formal notice of legal proceedings.

- Matt Shand/Stuff

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3 comments

this

Posted on 24-07-2017 17:50 | By Capt_Kaveman

is what happens when idiots think they know whats best but infact they should be the ones on trial


Problem

Posted on 25-07-2017 17:22 | By astex

This is a good idea if those responsible have to pay from their own pockets but anything gained by residents in the one hand will almost certainly be paid BY the residents from the other hand as rates.The only winners in this case will be the lawyers (as usual).


lawsuit against BOPRC

Posted on 02-08-2017 22:52 | By johndoe

Well if thats the case, that the residents are protected by the BOPRC, and the BOPRC is liable, please can the BOPRC ensure that the residents are also responsible for all the costs of protection from flooding. I refuse to pay to protect someone choosing to live in what must be one of the most flood prone areas in the Bay.


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