Last minute court order stops the digger

Protesters sit and wait for demolition workers to arrive at the buildings in Turua Street, St Heliers. Photo / Sarah Ivey

News of a court order to halt demolition turned protesters' anger and tears to air-punching joy yesterday as a digger's steel claw stopped chewing through one of the three 1930s St Heliers cottages they are fighting to save.

After 15 minutes' work, the rear of 10 Turua St had been reduced to a pile of red bricks and the claw was reaching into the street-front sitting room when above the noise of shattering panes of glass came the cries of "stop".

The 30 protesters on the scene had received a message from lawyers that the Environment Court had just made an interim order to stop demolition until the Save Our St Heliers Society's case could be heard on Monday.

"We did it - we've stopped them," yelled one resident.

"Who knows a brickie?" yelled another.

"Anybody know a good legal aid?" chimed in a grinning worker from the demolition team.

On Wednesday, the society said it was seeking a hearing to argue a stay of execution for the three art deco Spanish mission-style houses, which are on sites approved for offices, shops and apartments.

Society members held a vigil throughout the night and yesterday at the site, waiting for news from the court.

But a Ward Demolition digger and crew arrived after lunch, disconnected water pipes and then ripped into No 10, the middle cottage.

Committee member Dorothy McHattie said going to court was the last option available to the group after Auckland Council refused to invoke a heritage protection order to enable the buildings' heritage value to be assessed.

"We argued that has not been done but when we advised Judge Laurie Newhook that demolition was starting, he made an interim enforcement order.

"We have until 4pm Monday when there will be a conference in court to see whether the order will be continued."

She said the battle's legal costs so far would be paid by businessman Barry Colman, who lives nearby in Glendowie.

Mr Coleman told NZPA Auckland Council gave permission for the demolition on the wrong data and a recommended heritage assessment was not done.

"Someone is telling porkies here. Either these are heritage buildings or they are not."

Mr Coleman said heritage assessment was recommended several years ago but never done and the council gave developer Mike Markham permission to knock the houses down based on the wrong information.

However, he said Mr Markham had done nothing wrong and had done everything he needed to do to get council approval to develop the site.

Mr Coleman said the protesters approached him in desperation to get the injunction.

"I admired what they have been doing and agreed to fund this case for the injunction.

"I had an affinity for what they were doing.

"When the silent majority starts making so much noise as these women, there is obviously something wrong in the system."

Mr Coleman said he would probably not fund a move to buy the houses, valued at $10 million.

Richard Brabant, who is acting for Mr Markham, said his client had building consent for the development and had arranged a team of contractors.

The undertaking to suspend demolition last month had expired last Monday and there was no reason to delay further because the society's application was deficient and based on error.

He would today seek an urgent hearing to have the society's application struck out.

- With NZPA