River levels around the submerged and evacuated Bay of Plenty town of Edgecumbe are dropping but the Rangitaiki River is still flowing into the town through a breach in one of the flood walls.
A law firm says hundreds more flood-hit people or businesses in Edgecumbe could be eligible to join legal action alleging the tragedy should have been prevented.
It comes after five home and business owners filed a court case against Bay of Plenty Regional Council, seeking $3.95million in compensation for damages caused by catastrophic flooding in 2017.
They want their case turned into a class action to sue the council on behalf of all Edgecumbe residents who suffered losses as a result of the flooding.
Water flowed through the streets in Edgecumbe after a breach in the Rangitaiki River stopbank on the morning of April 6, 2017, forcing the evacuation of about 2000 residents.
About 70 per cent of the town was affected by the deluge, which damaged hundreds of properties. The resulting damage could be seen from space.
In a statement, law firm Shine Lawyers’ senior associate, Hamish Davies, said the claim, filed in the High Court at Rotorua in August, alleged the council could and should have prevented the floodwall from failing.
The five lead representatives in the case have properties in Rata Ave, Kowhai Ave and Bridge St. Their claims seek compensation for a range of damages, including lost income, lost or damaged house contents or stock, temporary accommodation and storage, house remedial costs and general damages.
An amended statement of claim dated August 18 names the five plaintiffs as DP McConnachie and FD McIntosh; J McNeill; MG Mead; KD Stevenson; and Edgecumbe Supermarket Ltd.
The individual claims of each plaintiff ranged from $320,000 to $2.3m.
Shine Lawyers’ statement on the claim said these figures represented “the different circumstances of affected people”.
Davies said the firm filed an application to the High Court of New Zealand in February to turn the claim into a class action seeking compensation on behalf of a further estimated 350 flood victims.
Flooding in Edgecumbe in April 2017. Photo / George Novak
Davies said the action would cover both the insured and the uninsured for their losses.
An information evening about the case would be held at the Edgecumbe Memorial Hall on November 23.
“We believe it’s critical that those impacted by the floods understand their rights to join the action,” Davies said.
He said property and business owners were left devastated by the flood and claimed some businesses had to shut down and, six years on, some houses are still uninhabitable and residents “still show signs of trauma”.
“Edgecumbe residents still show signs of trauma after the tragedy, and some businesses were forced to shut down. Sadly, we believe this was all preventable.”
Davies’ statement said Shine Lawyers had also engaged Grant Shand, an experienced natural disaster lawyer, to assist in the claim.
