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Home / Bay of Plenty Times

Bella Vista Homes' developer was 'argumentative and abusive' claims a council witness

Sandra Conchie
By Sandra Conchie
Multimedia Journalist, Bay of Plenty Times·Bay of Plenty Times·
18 Mar, 2020 07:00 PM5 mins to read

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Part of the Bella Vista Homes development after the evacuation in 2018. Photo / File
Part of the Bella Vista Homes development after the evacuation in 2018. Photo / File

Part of the Bella Vista Homes development after the evacuation in 2018. Photo / File

A council witness claims abuse towards her and other council inspectors by Bella Vista Homes' developer had led to one point of contact being adopted before site inspections.

Laurie Hubbard, a former building compliance officer at Tauranga City Council, made the allegation as part of her evidence in Tauranga District Court yesterday during the judge-alone trial for five defendants being prosecuted over the failed development.

READ MORE:
• Bella Vista Homes: One year on from the evacuation
• Former Bella Vista properties to be sold
• Bella Vista saga: Damning internal Tauranga City Council report released
• Four companies related to Bella Vista Homes put into liquidation

The council brought charges against the five parties after 21 houses in various stages of completion in The Lakes subdivision were evacuated in March 2018.

Developer Danny John Cancian and his company Bella Vista Homes Limited, which is now in liquidation, have denied seven charges each of carrying out building work except in accordance with a building consent.

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The council has alleged block foundation walls at 297, 297A, 299, 301, 301A, and 307 Lakes Boulevard were not constructed in accordance with approved plans.

This includes allegations there were defects in relation to steel reinforcing and wall footings in some rear walls were inadequately sized to resist soil loads.

It is further alleged the timber cladding system at 5 Aneta Way was not built in line with approved building plans, the building consent, nor to the manufacturer's requirements.

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Bricklayer Darrel Joseph has pleaded not guilty to three charges of carrying out building work except in accordance with approved plans at three Lakes Boulevard properties.

Joseph's charges relate to alleged defects in block walls and foundations including inadequate wall footings and reinforcing steel at 297, 299 and 307 Lakes Boulevard.

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Bruce Cameron and his company The Engineer Limited are defending four of the same charges each relating to block foundation walls at three properties in Lakes Boulevard.

They are also defending two further charges which allege there was inadequate ground-bearing capacity during site works at 303 and 307 Lakes Boulevard.

Hubbard said there were serious issues identified with parts of the development and Cancian had vigorously challenged some of the inspection results.

Cancian had been "argumentative" on the site especially if work inspections were not passed and he was "very difficult to deal with" in relation to other communications.

"No one at council looked forward to a phone call from him," she said.

Under cross-examination by Cancian's lawyer Bill Nabney, Hubbard said she only met with Cancian at the Bella Vista Homes sites three times, but there were numerous phone calls and email communications from him.

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Nabney put to Hubbard that she had taken a strong dislike to Cancian and tried to used her power to stop all inspections at the Lakes Boulevard and Aneta Way which would have halted construction at both work sites - something Hubbard strongly denied.

She did, however, acknowledge due to "serious issues" a stop was put on further inspections in relation to parts of the development but said that was not her decision.

Nabney also put it to Hubbard that the contents of an affidavit from a former council building inspector confirmed her dislike and alleged bias against his client.

The court heard the affidavit's author claims he overheard Hubbard and another council officer laughing about imposing a blanket stop-work notice over the entire development.

Hubbard vehemently rejected the allegation and also Nabney's suggestion that she had "made up" her evidence that Cancian had been abusive and argumentative.

"That is just not correct and it did happen," she said.

Hubbard said due to abusive comments on the council's Facebook page which she says were posted by Cancian and others towards her, any contact with him ceased.

Mark Bell, a former building inspector for the council in 2016 and 2017, told the court his dealings with Cancian began in late December 2016.

Bell said he was appointed as the one point of contact for Cancian towards the end of 2016 in relation to some of the inspections but he was happy to take on the role.

At the time, he was unaware there were issues between Cancian and other council compliance inspectors, he told the court.

"I had previous dealings with Mr Cancian and in relation to the Bella Vista Homes sites, there was nothing to lock horns with him over. We got on fine," Bell said.

Bell said he carried out 65 to 75 inspections during the 165 site visits he made but did not see much of Cancian during those visits but there were times he saw his truck.

"We had regular phone contact, and there were other site visits from time to time."

Bell said he did not carry out any of the inspections which were the subject of the charges and meet Cameron once on site but was unaware Joseph was one of the block layers.

Cancian had told him from the outset that he was the principal licensed building practitioner on the sites, and most of his dealings were with him, he said.

The trial continues.

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