The owners of two Bella Vista homes which were evacuated due to safety concerns say they plan to sue the Tauranga City Council.

Lee and Denese Konowe and Ron and Sarah McDiarmid say they plan to file a lawsuit against the council by today . They say the ongoing impact of not being able to access their homes in The Lakes has affected their health.

"The house we are in at the moment is either the eleventh or twelfth interim place of accommodation we've been in since it happened," Lee Konowe said.

Their homes were among the 21Bella Vista homes properties evacuated on March 9 by the council, which cited concerns for residents' safety amid the oncoming Cyclone Hola. The Konowes and McDiarmids are among 20 households yet to return to their homes.


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Konowe, 73, said, in his view, homeowners had not been kept informed. He said he had repeatedly requested information such as the geotechnical reports which prompted the evacuation.

"We demanded those materials because we were being told the house was unsafe.

"The point is we got very little of everything. They held a couple of meetings to say how transparent they would be ...

"I went to meeting after meeting, after delay after delay with reports and more reports, we don't need any more reports. It's time to put an end to this."

Next Wednesday, June 6, councillors will meet to deliberate on the findings of Justice Paul Heath, QC, a High Court judge who is heading an investigation into the council's role in the Bella Vista development. What, if any, remediation made to homeowners is expected to be decided upon. However, the meeting will be closed to homeowners and the public.

Konowe said he and his wife had endured weeks of frustration and poor health effects. His wife cried every day. He often joined her, he said.

"I have medical conditions where my doctor wants me in my home which was designed specifically for us," he said.


The Konowes and McDiarmids said they wanted a settlement to allow them to buy similar new homes, something to cover the stress endured, and legal provision to ensure this never happened again.

Tauranga City Council chief executive Garry Poole yesterday said the council had not been served with legal proceedings.