Bella Vista trial: Director Danny Cancian has his day in court

Bella Vista Homes' director Danny Cancian, pictured shortly after the company's liquidation, is defending charges brought against him by Tauranga City Council. Photo / File

The man at the centre of the Bella Vista Homes saga has today taken the stand in the court case surrounding the company's demise and urgent evacuation of 21 of its homes.

Bella Vista Homes Ltd director Danny Cancian is among the first defendants in the judge-alone trial at Tauranga District Court, more than four weeks after the case resumed last month.

The company, Cancian, plus The Engineer Ltd, its director Bruce Cameron, and bricklayer Darrel Joseph are defending a raft of charges following the evacuation of 21 houses in various stages of completion in a sub-division in March 2018.

The charges were brought by the Tauranga City Council and relate to the defendants allegedly carrying out building works which were not in accordance with the Building Act, in particular a building consent.

The court has already heard from witnesses saying they believed Cancian to be the LBP (licensed building practitioner) responsible for the work on the homes, which were subsequently evacuated due to concerns the buildings were non-compliant and unsafe.

Cancian told the court today that although he was the LBP, in building or carpentry, he trusted others to do a good job of their work on the homes and his role was "more of a scout, looking for sub-divisions to keep the company rolling".

"Basically trying to get [extra sub-divisions], 90 per cent of my time was spent on that. Ten per cent was spent on knowing what was going on site."

Cancian spoke fast and eagerly as he listed the names of people he said should have had responsibility for the charges he and his company were facing.

The court heard he believed the project manager had the responsibility for ensuring the work on the Aneta Way and Lakes Boulevard homes was done well.

Cancian told the court his former apprentice Wes Scott was contracted as a labourer at the time. Cancian said he held Scott in high regard. Cancian was also assessing Scott who was applying for his LBP certification at the time also.

"I trusted Wes. He's always done right by what was happening on site."

The court heard that Cancian used a checklist to ensure work was completed but with properties such as 5 Aneta Way, he did not check to see if the right nails were used or if the bottoms of weatherboards had been primed or painted.

"He's a qualified carpenter, with a qualified carpenter you would rely on him to do that work on site.

"I trusted him as an LBP to know what he was doing. I relied on him to do what he was meant to do."

Cancian blamed former project manager Ian Minnell for almost all of the failings he is facing charges for.

Minnell has already testified in the court case.

Minnell was fired from his role after siting some homes in the wrong places. He previously told the court he was let go after raising concerns about a lack of retaining walls on site.

The trial originally began in March but was put on hold during the Covid-19 lockdown, resuming again on June 29.

The trial continues.