Bella Vista developer Danny Cancian’s application for third appeal denied

Multimedia Journalist·Bay of Plenty Times·

20 Sep, 2023 09:03 AM2 mins to read

Former property developer Danny Cancian.

The Supreme Court has denied former Bella Vista Homes developer Danny Cancian leave to appeal his convictions.

Cancian was originally convicted on three charges of breaching the Building Act in relation to three properties within The Lakes, a 21-home development.

After a five-week judge-alone trial in December 2020, Cancian was fined $60,000.

All the charges related to allegedly carrying out building work not in accordance with the Building Act, in particular not in line with a building consent and/or approved plans.

The High Court later allowed the conviction appeal on one of the charges but upheld the remaining two and reduced the fine to $36,000.

The Court of Appeal then denied Cancian’s second application for leave to appeal his convictions in June.

In the Supreme Court this week, Justices Susan Glazebrook, Mark O’Reagan and Stephen Kos ruled that Cancian’s latest application did not “have sufficient prospects of success”.

The decision said Cancian sought leave to bring a third appeal but such an appeal was not possible where leave had been refused by the second appeal court and this application was instead treated as one to appeal the High Court decision directly to the Supreme Court.

“The heightened threshold for a direct appeal is not met in this case,” the decision said.

“Exceptional circumstances do not compel the grant of leave.”

According to the decision, Cancian’s third application to appeal his conviction was made on the grounds that Tauranga City Council had “failed to disclose material evidence”, withheld evidence, submitted false documents and engaged in discrimination.

The decision said Cancian also alleged his own counsel had failed to present crucial evidence that would have exonerated him, deviated from instructions and made submissions without consent.

Cancian’s third appeal application “turns entirely on its own particular facts”.

“It does not raise a matter of general or public importance,” the decision said.

Tauranga City Council brought charges against Cancian and his company Bella Vista Homes Limited after 21 houses in various stages of completion in The Lakes were evacuated in March 2018.

Maryana Garcia is a regional reporter writing for the Rotorua Daily Post and the Bay of Plenty Times. She covers local issues, health and crime.