Owners of two dangerous Bella Vista homes are suing Tauranga City Council.
Lee and Denese Konowe and Ron and Sarah McDiarmid were to file the suit on Monday at the High Court at Tauranga.
Theirs are two of the 21 houses deemed "dangerous or affected" by council, despite some houses having council code of compliance certificates or passing regular council inspections.
The Konowes' house was awaiting the construction of a retaining wall before code of compliance would be issued, but they were permitted to occupy their house in the interim.
"It was supposed to be our last house," says Lee. "But we're not allowed back in there and apparently it could all fall down on us if we do."
Lee says they became weary of waiting for council to act. They've engaged David Heaney QC as their legal counsel.
"We were just sick of Tauranga City Council ruling our lives.
"I don't feel the council meeting on June 6 will have much bearing on whether or not council is legally liable and it was likely we would have to start the process anyway."
The McDiarmids say homeowners should be compensated market value plus money for the stress caused.
"It was not until we moved back into a rental we realised the effect living in motels was having on us. It has been very unsettling."
News of the lawsuit comes in the wake of a high-profile resignation from council. General manager of the Chief Executive Group Kirsty Downey announced her exit on May 25.
Downey was appointed by vacating chief executive Garry Poole to lead a project looking into the Bella Vista development earlier this year.
Poole's own contract as chief executive was not renewed. He will leave in August.
Downey's resignation coincided with the date Paul Heath QC, who is leading an investigation into council's role at Bella Vista, was due to provide his draft report to council.
Poole says Downey's resignation had no connection with Bella Vista or the report, stating it was a "personal decision".
"Kirsty has been at Tauranga City Council since 1999 and quickly became council's trusted and only in-house legal adviser," he says.
Poole declined to comment about impending legal proceedings.
6 comments
Who can blame them?
Posted on 29-05-2018 10:34 | By morepork
"We were just sick of Tauranga City Council ruling our lives." Amen to that. A Council that has lost sight of its duty to SERVE the Community and instead, arrogantly pursues its own agendas and policies without due regard to the people it is supposed to be serving. There is absolutely no excuse for the Bella Vista fiasco and it has gone way beyond "incompetence". The same Council that spends money on a Referendum and then ignores the results. It's time for a drastic change.
I am interested
Posted on 29-05-2018 11:59 | By dbunk
I am interested in when the liquidators findings on Bella Vista and see what that side of the fence is hiding, more than currently meets the eye I bet.
The Plot Thickens
Posted on 29-05-2018 12:24 | By Maryfaith
It would appear that Ms Downey has been overcome by the smell of the big rat we all know exists and is getting out before the manure hits the fan! Let's hope that she will be subpoenaed to appear for the home owners in the forthcoming court case. Murray Guy has on his Facebook page, a copy of a sworn affidavit from Mr W B Brouwer an ex council building inspector (leader of his team) at the time the Cansian homes were being constructed. It makes very interesting reading and names all those involved in a very unsavoury plot against Mr Cansian.
about time
Posted on 29-05-2018 13:22 | By Capt_Kaveman
TCC have alot to answer for
suing
Posted on 29-05-2018 13:43 | By dumbkof2
these people should be suing the ones who oked this debarcle. i object to my rates going to the council to pay for this
Whitewash
Posted on 29-05-2018 14:34 | By maildrop
Signed, sealed and delivered by the former Judge.
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