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Home / Bay of Plenty Times

Trial starts in Tauranga for five parties charged over Bella Vista Homes subdivision

Sandra Conchie
By Sandra Conchie
Multimedia Journalist, Bay of Plenty Times·Bay of Plenty Times·
15 Mar, 2020 10:09 PM5 mins to read

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Five parties are facing charges over the failed Bella Vista Homes development. Photo / File

Five parties are facing charges over the failed Bella Vista Homes development. Photo / File

Bella Vista Homes' developer was "ultimately responsible" for what happened on the site and therefore is liable for any non-compliant work undertaken at the development.

That's according to lawyer Richard Marchant who, acting for the Tauranga City Council, today made his opening address at the judge-alone trial for the five parties charged over the failed Bella Vista development.

Bella Vista Homes Limited, The Engineer Limited, their respective directors Danny Cancian and Bruce Cameron, and bricklayer Darrel Joseph are defending the charges laid by the Tauranga City Council. They relate to the defendants allegedly carrying out building works which were not in accordance with the Building Act, in particular a building consent.

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

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.

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This included an allegation there were defects in the steel reinforcing and the 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.

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.

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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.

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

Cameron and the company also faced two charges each relating to inadequate ground-bearing capacity at two of the properties.

Marchant told Judge Paul Mabey, QC, that during the trial, which was expected to take about three weeks, he would hear evidence from a number of experts.

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That included some of the builders and building supervisors employed by Cancian and Bella Vista Homes Limited, he said.

Marchant said these were "strict liability offences" and lack of knowledge or ignorance of the law for a qualified building practitioner was not a defence.

"Cancian was not only director of Bella Vista Homes, he was the developer and the self-proclaimed licensed building practitioner of almost everything on the site.

"He was involved in the resource consent process, building consent process and also the sale of sections to the individual owners. He was very much the decision-maker in relation to what happened on the site.

"As he was wearing almost every hat conceivable in relation to the development and ultimately liable as he allowed or permitted the non-complaint work to be done.

"Because he was the person in overall control he either permitted the non-compliant work to happen or tolerated it because it was in his interests to get the development done."

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Marchant said under the Building Act Bella Vista Homes was liable for the acts of its agent and director. If Cancian was found guilty of these charges, the company should also be convicted, he argued.

Among the list of council witnesses were a number of builders.

"You will hear them tell the court they were told by Mr Cancian that he was the licensed building practitioner of the site and the one who signed off all the building work.

"They will give evidence that Mr Cancian was often over-ruling or trumping the instructions of his building supervisors," Marchant said.

Marchant said in relation to Joseph and the work he undertook the evidence would show that it was clearly non-compliant with the Building Act or building codes.

"Indeed, when Mr Joseph was interviewed by the council he appeared unsure whether he had been working off the consented plans," he said.

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Similarly, the evidence would show Cameron and his company, The Engineer Ltd, who were engaged by Cancian were also guilty of these charges, he argued.

Marchant characterised the approach to the development by the developer as "unconventional" and, at times, "haphazard".

"Significant retaining walls were not built early on in the development, the normal sequencing of developing one or two houses at a time was not followed."

However, he did acknowledge the council had no power to direct how work was sequenced.

Marchant said in regards to Cameron and The Engineer Ltd, particularly the two charges each of inadequate ground-bearing capacity, the council's testing results were significantly less than specified in the building plans.

They were also contrary to the engineering inspection test results which Cameron said he had done on behalf of Cancian and brought into question whether the testing had even been undertaken, he said.

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

The trial continues.

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