Jilted Bella Vista homeowners to learn their fate after Tauranga council meeting

CHRISTEL YARDLEY/STUFF

Bella Vista residents meet with Tauranga City Council to discuss outcome.

The emotional toll from the failed Bella Vista development has been laid bare to Tauranga City Councillors ahead of their decision on what to do next.

Councillors will on Wednesday decide what course of action they will take - that ranges from a buy out, to remediation, to nothing at all.

The outcome could bring much relief to the 21 homeowners who were evicted from their properties on March 9, and have been locked out ever since - or it could spark the start of legal action.

Janeen and Melissa Powell speak about the impact. Melissa said the devastation had a "ripple effect".
CHRISTEL YARDLEY/STUFF

Janeen and Melissa Powell speak about the impact. Melissa said the devastation had a "ripple effect".

Councillors listened as homeowners unleashed the emotional toll they'd been living with since the evacuation and revelation their houses were not safe. 

They heard how child adoption plans were put on hold due to having no house, children have been sick and taken to hospital due to stress,  marriage engagements have fallen apart and that homeowners mental and physical health has deteriorated. 

Damian and Jenny Coffey tell Tauranga City Councillors about the emotional toll being evicted from their home has had.
CHRISTEL YARDLEY/STUFF

Damian and Jenny Coffey tell Tauranga City Councillors about the emotional toll being evicted from their home has had.

Melissa Powell said the devastation from Bella Vista was like a "ripple effect".

"It affects every part of our lives in some way," she said. 

For the Powells this meant a breakdown of family, the deterioration of her mother's health and future plans put on hold. 

Tauranga City Council Chief Executive Gary Poole listens on.
CHRISTEL YARDLEY/STUFF

Tauranga City Council Chief Executive Gary Poole listens on.

The ripple effect was different, but equally devastating for each of the 21 affected homeowners.

Damian and Jenny Coffey were issued a full code of compliance certificate from council and were hopeful their family, which consisted of four dogs, would be bolstered through the adoption process.

"We have had a rough journey having a family and have been going through assessment to adopt a child," Jenny said.

Bella Vista home owners meet with Tauranga City Council to discuss outcomes.
CHRISTEL YARDLEY/STUFF

Bella Vista home owners meet with Tauranga City Council to discuss outcomes.

"We were worried being removed from our home and not having secure has impacted on this process."

Jenny was angry at council for this interruption to their lives at no fault of their own.

"All we did was buy a house and trust in the process," she said. 

Homeowners have been locked out of the council meeting debating the future of their properties, along with the public.
TOM LEE/STUFF

Homeowners have been locked out of the council meeting debating the future of their properties, along with the public.

Degan Prodger owns 3 Aneta Way and said his dream of owning a house to raise his family quickly turned into a nightmare. 

"After 22 years of marriage this finally happened," he said. 

"On Friday March 9 that's when our world was turned upside down with the notice of immediate evacuation. We had no idea where we were going until right before we left.

Bella Vista Homes director Danny Cancian says council never asked him to complete geotechnical reports that were ...
CHRISTEL YARDLEY/STUFF

Bella Vista Homes director Danny Cancian says council never asked him to complete geotechnical reports that were required under its rules.

"The following weeks saw us in and out of motels. It might sound like a holiday for some but to us it was a nightmare. My daughter would cry saying she wanted to go home.

"It's wrecked us physically and emotionally. My family has been sick all the time."

Proctor said things got so bad his daughter would stop unpacking her bag whenever they found a temporary place to live. 

Residents of the failed Bella Vista Homes, Lakes Boulevard were told they cannot return to their homes on March 9.
TOM LEE/STUFF

Residents of the failed Bella Vista Homes, Lakes Boulevard were told they cannot return to their homes on March 9.

"She couldn't eat properly. It has wrecked us physically emotionally."

THE STORY SO FAR

On March 9, 21 Bella Vista homeowners were evicted from their properties as a storm approached. They have been locked out ever since.

Subsequent investigations by council officers revealed shoddy workmanship in their properties with issues found from the foundations to the roof in 21 properties in the Lakes Boulevard and Aneta Way development.

This was despite homes passing council inspections and four homes having full code of compliance sign off from council. 

The failings at Bella Vista have raised questions about how council handles its role as a Building Consent Authority and how widespread the issue was. 

Bella Vista has not divided the community as much as it has united them against the council. Facebook pages offering support to evacuees and dedicated to exposing council's role in the saga have sprouted up since March 9. 

 As the saga unfolded, investigations by Stuff uncovered questionable behaviour from the inspections team, affidavits from former employees speaking of intentional misconduct from staff, resource consents issued without key information and a lacking producer statement system.

While some homeowners lay blame with Bella Vista's director Danny Cancian, many say it was the council that had the responsibility to ensure the houses were up to standard.

QC Paul Heath has been appointed by council to look into any council failings and his report would be given to homeowners on Wednesday.

The lead inspector for the properties revealed he had purchased a Bella Vista home, opposite the affected buildings, before taking on this role. The price paid for his land was significantly lower than the neighbouring properties of similar size.  

Even though this was declared at the outset through official channels it has been condemned by industry professionals. 

Bella Vista homes also went against the council's own rules during the resource consent stage.

There was a requirement for Cancian to produce a second geotechnical report once he doubled the size of the subdivision from 8 to 16 homes on Lakes Boulevard.

This was never requested by council and the resource consent was signed off.

Furthermore it was uncovered council had an over reliance on producer statements during its building inspection process. This issue was highlighted as being a factor in the leaky homes saga at the start of the millenium. 

A producer statement is a professional opinion provided by those involved in the building process. They usually carry an insurance guarantee but carry no weight under the building act. Councils must assess who they will accept producer statements for and what information is required before accepting them. 

Tauranga City Council general manager CE Group Kirsty Downey, who has since resigned her position, said producer statements would be accepted by any Chartered Practitioner of Engineering (CPeng) member will be accepted as read.

"We receive the PS4 [producer statement 4], provided after construction is finished, during the inspection process or at the end of the job, so it is very rare that we would inspect after receiving a PS4 from a Chartered Professional Engineer," Downey said.

Engineering New Zealand was critical of council on this point.

"Regardless of the information provided by a producer statement author, the BCA [building consent authority] remains responsible for deciding if it is satisfied on reasonable grounds that any building work complies with the Building Act, the Building Code and approved building consent," they said. 

As Heath's report is prepared to be read every property owner is now considering legal action against council.

All say they want to have their house bought out at full market value, before any defect, and some compensation for the stress of being left in limbo since March 9.