KEY POINTS:
A North Shore couple who won a $277,982 claim for repairs to a house which leaked are aghast that North Shore City Council is appealing.
Sam and Claire McKinney of Browns Bay say they are broke and can afford no more legal fees to fight the case in
the Auckland District Court.
"The cost of all this so far has been immense physically, emotionally and financially," Mr McKinney said. "All our savings have gone including our superannuation and we are now significantly mortgaged."
The couple thought they had found their dream home when they shifted into Gretna Green in 2001.
But it leaked so badly that only one bedroom was immune to the weather. A damp stench permeated the home where they were raising their baby and toddler so they made extensive repairs, then went to a Government service for compensation. They won the settlement which is now under appeal.
Now, they say they are despairing, having spent $410,000 making the place weathertight.
In 2003, they went to the Government's Weathertight Homes Resolution Service, which ruled last August that the builder, plasterer and council were liable to pay.
Service adjudicator Tony Dean found the council negligent in its inspections and for issuing a code compliance certificate.
"We received $169,000 from the council, who then promptly appealed the decision," Mr McKinney said.
Their case follows that of Hobsonville grandmother Colleen Dicks, who won $250,900 in the High Court and was then faced with an appeal from Waitakere City Council, which eventually abandoned the action.
But the McKinneys say people should not take hope from Mrs Dicks' case.
"While Colleen Dicks' case has probably brought hope to many people, I'm afraid our case will not," Mrs McKinney said. "We know so many other people who are suffering through this. I just think something has to be done."
The McKinneys' $277,982 was to be split three ways. Mr Dean ordered builder Greg Cassidy to pay $129,396.69, plasterer Bernardo Alarcon to pay $116,428.41 and the council to pay $32,157.24.
North Shore mayor George Wood said insurer RiskPool had taken the decision to appeal and he was comfortable it was prudent and following proper guidelines.
"There's two competing interests to be considered here - the ratepayers and the McKinneys - and we've got to try to wrestle with how we bring those two competing interests together."
The council's notice of appeal said Mr Dean was wrong to find negligence in window, door and bathroom inspections.
A hearing date is yet to be set for the appeal.
In another development yesterday, it emerged that the Government is suing building firm Hawkins Construction over leaks in the seven-year-old Manukau District Court.
Lawyers acting for the parties were scheduled to hold a conference at the High Court at Auckland late yesterday afternoon. The dispute arose after the $23 million building, which has 12 courtrooms, was found to be leaking.
Chris Hunter, chief executive of Hawkins, was reluctant to discuss the matter, saying the issue dated back to before he joined the firm in 2003. But he said there was disagreement between the parties over the cost of repairs which his firm estimated to be less than $1 million.
The court building has been both praised and criticised since it was finished.
Homeowners Fight Back
Victim: Colleen Dicks, Hobsonville:
* Took builder and council to High Court.
* Won $250,900 but council appealed.
* Council dropped appeal and is paying.
Victims: Sam and Claire McKinney, Browns Bay:
* Took action against builder, plasterer and council.
* Used the Weathertight Homes Resolution Service.
* Won $277,982 but council has now appealed.
* RiskPool prompted the council to appeal.
