Reprieve for roof-top V8 watchers

Using the roof as a grandstand is illegal, the council says. Photo / Alan Gibson

The Hamilton City Council has backed down and withdrawn the $1500 fines it imposed on 11 householders for letting people the city's V8 races from their rooftops or makeshift stands.

The council last week sent city dentist Ron White - who owns a house on the King St part of the Frankton circuit - and 10 of his neighbours infringement notices for breaching the Building Act by watching the April event from their houses.

Hamilton Mayor Bob Simcock said yesterday that the council had sought legal advice and decided to cancel the fines.

He said staff had issued the notices because "it was unsafe use of the buildings for a purpose they weren't designed for and that if we didn't take action then we would be creating a liability for the council and the ratepayers".

But lawyers told him yesterday that if the council clearly informed residents they were acting in an unsafe way, it would not then be liable if anyone was hurt while watching the event from a roof.

"If somebody fell off the roof and was killed and a government agency or the affected party's family was looking for someone to take action against, to hold responsible, the advice we've had is that with having warned the property owner then we've shifted that obligation fully on to them and we've taken reasonable steps," Mr Simcock said.

"If we'd done nothing, then we'd probably have some liability ourselves."

He said homeowners had been sent letters before the Hamilton 400 race warning them of the dangers. The council would do the same next year but might also knock on doors during the event and give residents using their roofs as viewing platforms another notice.

He said it was "not about stopping people viewing the event" as the council had granted several resource consents to people building stands on their properties as long as they met building standards.

Two of Dr White's sons, their friends and other family members had watched the Hamilton 400 from the roof of his two-storey 1920s house.

They did the same last year and were not fined.

Dr White, who had vowed not to pay the fine, said yesterday that he was delighted at the council's turnaround.

"I'm grateful that they have taken this stand now. It seemed like a slap in the face but now it's turned around I'm sure this will all be a great healing and the future of the V8 races won't be put in jeopardy by the ratepayers."

Dr White said he had received "tons of support" from outraged people offering to pay the fine and from others venting frustration at the council's actions.

Hamilton 400 event promoter Dean Calvert said what people did in or on their own homes during the V8s was not the organisers' responsibility but he supported the council imposing the fines.

"I don't believe that drinking on a two-storey rooftop or having kids up there is a responsible thing for any parent or any person who owns a property. I think it's appalling this has been shifted away from what the issue is. The issue's about safety."

He said all residents inside the race cordons had been given free tickets so they did not need to watch from their roofs.