Bella Vista trial: 'I did nothing wrong', developer told investigators

Bella Vista Homes developer Danny Cancian is on trial in the Tauranga District Court. Photo / File

"I can't wait for my trial so the truth can finally come out and I can prove I did nothing wrong. If I did anything wrong it was to employ the wrong people and they let me down."

That is what Bella Vista Homes developer Danny Cancian told a private investigator hired by Tauranga City Council to help with the investigation .

Bella Vista Homes Limited, The Engineer Limited, their respective directors Danny Cancian and Bruce Cameron, and bricklayer Darrel Joseph are defending a raft of charges in a judge-alone trial presided over by Judge Paul Mabey QC.

The charges were brought by the council after the evacuation of 21 homes in Lakes Boulevard and Aneta Way in The Lakes property development in May 2018.

The charges relate to the defendants allegedly carrying out building works that were not in accordance with the Building Act, in particular a building consent.

A taped interview by licensed private investigator David Pizzini and Michael O'Connor, the head of the council's investigation, was played to the court.

In the interview about his role in supervising the building works Cancian repeatedly said he was a licensed building practitioner for carpentry work only.

"I had nothing to do with the supervision of the blockwork nor the steel engineering works as under the MBIE licensed practitioner scheme it is illegal for me to do so."

Cancian said as the director of Bella Vista Homes he could not be held responsible for any of the alleged defects.

"While I was the developer, I employed an operations manager to oversee the day-to-day activities on the subdivision, and it was the project managers' role to look after the site.

"It was pretty much left up to them to run the subdivision...," he said.

Cancian claimed he only became aware of the defects once the council laid the charges.

None of the alleged defects had been drawn to his attention earlier and council inspectors who visited the site had every opportunity to do so, he said.

Cancian said when he was made aware of any issues he would do his best to deal with them quickly and if necessary "put on his apron" to fix it.

He said when he attended a meeting with the council's former chief executive Garry Poole and the heads of council departments, he had wept when told about the alleged defects.

"I was a broken man," he said.

O'Connor put to Cancian that as the developer he was ultimately responsible for what happened on Bella Homes construction sites.

Cancian disagreed.

"I have done nothing wrong and I have the evidence to prove it. If I did anything wrong, it was employing the wrong people and they let me down, " he said.

He said when he found out about the allegations he was really "pissed off".

"I'm not worried about the trial, in fact, I am looking forward to it. I just want the truth to come out. I'm going to win the trial and enjoy embarrassing the council for the role it has played in the failure of this development," he told O'Connor and Pizzini.

The court also heard Joseph's taped interview with Pizzini and O'Connor.

Joseph has confirmed he carried out retaining wall blockwork at 297, 299 and 307 Lakes Boulevard.

Joseph said most of his dealings on the subdivision were with one particular project manager and he only saw Cancian on a few occasions when he briefly visited the site.

He said he was employed on a labour-only basis to carry out the blockwork, and Bella Vista Homes Ltd supplied the steel and had never met or spoken to Bruce Cameron.

Joseph told the investigators he carried out the work he did in accordance with the consented plans, which he sourced from a storage box on the worksite.

Joseph was asked whether he checked the plans were stamped approved by the council and if the engineer's stamp was on the retaining wall design specifications.

He conceded he had not done so before starting the work, but said he believed if any issues arose, they would be picked by the project manager and council inspectors.

Cancian's defence lawyer Bill Nabney told Judge Mabey that his client would give evidence and also intended calling nine defence witnesses.

"It is Mr Cancian's position that as the director of Bella Vista Homes Ltd in terms of the Lakes Boulevard the company relied on various project managers to supervise the work, particularly the concrete blockwork, and the other works which are the subject of the charges against him."

Cancian also relied on suitably qualified people to carry out the construction work in accordance with the building consents and to the necessary standard," he said.

The trial continues.