Former director of Bella Vista Homes Ltd Danny Cancian. Photo / File
Former director of Bella Vista Homes Ltd Danny Cancian. Photo / File
A judge has dealt out more than $150,000 in fines to parties found guilty of Building Act breaches linked to the failed Bella Vista development.
The sentencing comes more than a year since the District Court trial started and more than three years since 21 homes in the development were evacuated by the Tauranga City Council and the saga began.
In a decision released today, Judge Paul Mabey QC sentenced five parties involved in the development and found guilty of Building Act breaches after being prosecuted by the council.
The council will receive 90 per cent of the fines.
The parties were Bella Vista Homes Limited (BVHL), The Engineer Limited, their respective directors Danny Cancian and Bruce Cameron, and bricklayer Darrel Joseph.
Cancian has been ordered to pay $20,000 for each of three charges, totalling $60,000. The three charges relate to 297 and 301 Lakes Boulevard and 5 Aneta Way.
One of the sites at Bella Vista Homes that was urgently evacuated due to safety fears. Photo / File
Judge Mabey noted Cancian was receiving a benefit and looking for work. Despite a letter from Work and Income New Zealand confirming this, he found it was not compelling enough to support a reduced penalty.
Bella Vista Homes, which is in liquidation, received no penalty.
Judge Mabey said if it were not for the company's lack of financial position it would have been equally penalised as its director Cancian.
Cameron and The Engineer Ltd faced six charges relating to Lakes Boulevard addresses 297, 301 (two charges), 303 and 307 (two charges).
The businessman and company were each fined $45,000 in total - $7500 apiece on each of the six offenses.
Bricklayer Joseph was fined a total of $15,000 - $5000 for each of his three charges relating to 297, 299 and 307 Lakes Boulevard.
Judge Paul Mabey QC. Photo / File
During the trial last year, prosecution counsel Richard Marchant called for Judge Mabey to impose the maximum penalty of up to $200,000 for each charge to Cancian and his company.
In his sentencing notes, Judge Mabey said the approach seeking the maximum penalty was "misguided".
"Mr Cancian is not being sentenced for aspects of his personality or the wider issues relating to the Bella Vista subdivision failure. He is being sentenced for convictions on charges relating to specific aspects of the subdivision concerning three properties only."
He said there was intense public interest in the case and the failure of the subdivision, but his judgement was limited to the Building Act breaches that had been "proved to the necessary standard".
Judge Mabey referred to a victim impact statement that referred to the matter as the "Bella Vista debacle" and included her stress at having lost her home.
"None of that can be minimised and no one could but have sympathy for the [victim] ... and all other people who suffered as a result of the failed Bella Vista subdivision.
"However, my task is to apply a sentencing principle and impose a penalty which is the least restrictive outcome on the charges that have been proved."
