Tauranga City Council has today announced that former High Court Judge, Paul Heath will undertake a thorough investigation into Council's role in the Bella Vista buildings on Lakes Boulevard and Aneta Way.
Paul Heath was appointed as a Judge of the High Court of New Zealand in April 2002, and has recently retired from the bench.
Council Chief Executive Garry Poole says Paul has confirmed that he can deliver a report by June 1. This will allow Elected Members to consider its findings ahead of making a decision on Council's preferred option for homeowners on June 6.
Garry says the appointment of Paul will ensure an independent, fair and impartial investigation.
'As a former High Court Judge, Paul Heath is experienced and highly regarded.
'He has been involved in a number of high-profile and complex cases including the Earthquake Commission against the Insurance Council following the Christchurch Earthquakes, and the Judge alone trial of the directors and Chief Executive Officer of South Canterbury Finance.
'Council will provide him with full access to our records and staff if required. I believe owners and our ratepayers can have absolute confidence in this investigation,” says Mr Poole.
Paul Heath is independent and has no personal connections to Council. He has experience with the Building Act, having ruled in a case commonly known as ‘Sunset Terraces' between the North Shore City Council and Body Corporate 188529.
He found against the Council, and ruled that local bodies owed a duty of care to homeowners when inspecting residential buildings pursuant to the Building Act 1991. That decision was upheld by the Supreme Court.
As part of the investigation Paul will hold a public meeting with owners from the Bella Vista Homes development on May 8.
Other parties directly associated with the development will also be able to attend, such as sub-contractors and builders, to provide their feedback. The outcome of the investigation will be shared with homeowners.
9 comments
Judgement
Posted on 24-04-2018 18:44 | By Gaz
That is a good decision by TCC to appoint this former high court judge to investigate what went so horribly wrong. Hope he finds all the details that some will now want to hide.
How..?
Posted on 24-04-2018 19:41 | By namxa
How is it impartial if the council is paying him?
Not really
Posted on 25-04-2018 07:05 | By maildrop
Appointed by Council. Paid by Council. Reporting to Council. Not entirely independent or impartial is it? There is enough known about the CCC sign off, Bella Vista liquidation and the connection between the inspector and Bella Vista for this to be investigated by the SFO. And it should be investigated by them. If I were a homeowner I'd be on the phone to them every day.
Public kept in the dark
Posted on 25-04-2018 07:10 | By maildrop
The outcome should be made public. I've been paying for Council to put them up in digs. What a cover up. When are the SFO going to investigate the liquidation of Bella Vista and the "deal" with the inspector and who knew what at TCC? This has a look of things being swept under the rug. Pay off the homeowners, with my money, probably get them to sign confidentiality agreements. Us lot picking up the tab without the facts known. Phht.
Sounds fair
Posted on 25-04-2018 07:41 | By Johnney
Though he has been announced by council as independent from all parties it would appear from his experience that the home owners will get a fair and balanced investigation. Lets hope Council is transparent with all the findings, costs, negotiations and settlement. Watch this space!!!!
Whitewash
Posted on 25-04-2018 09:52 | By maildrop
Read the last two paragraphs people. TCC wants to keep this private between them and the homeowners, albeit with information gleaned from those directly involved. Are Ratepayers not directly involved given they have paid for this cluster? And they will be paying out further when it is "settled". Only we won't get to know about it. Typical Kiwi cover up culture. Everyone covering their arses, sweeping it away and putting fingers in ears. It's a complete whitewash dressed up to deceive Ratepayers. Mugs.
Not on
Posted on 25-04-2018 19:52 | By Sg1nz
I feel it's completely inappropriate for people on this forum to call into question the integrity of a former judge that has done right by kiwis and the law for is whole life. What gives the likes of 'maildrop' the right, to think they are better than Judge Heath.Ultimately like with all things the release of connent will be driven by the public records act and elected officials decision making.
@ maildrop
Posted on 26-04-2018 17:47 | By Told you
Well you have certainly let your feelings known, I think you have been a bit tough on the Judge,why dont you let him do his job and then If you are not satisfied get stuck into him after he has given his verdict but not before,your against him before he even starts.
People cannot read
Posted on 27-04-2018 10:26 | By maildrop
I don't think I have criticised the Judge have I? I haven't questioned his integrity but I do question how thorough the investigation can or will be. I merely pointed out the conflict and lack of transparency. We have no idea what his remit is or the scope of the investigation. Is he just looking at Council process? To what extent, if at all, will he dig into the liquidation of Bella Vista? Is he even looking for potential criminality? I think some people are naive and have blind faith. I don't. Questioning authority is a cornerstone of democracy and is what sets some countries apart from the sorts of places where corruption exists, even in the judiciary. You should thank me. If everyone got in line, said nothing and did nothing, questioned nothing, those freedoms would soon disappear and corruption would thrive.
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