Sir Barry's slip wrangle

The cliff at Clovelly Rd is still moving. Photo / Doug Sherring

Former Manukau mayor Sir Barry Curtis is threatening legal action against his insurance company following a long-running dispute over his condemned Auckland cliff-top apartments.

Last September, three attached apartments and two houses began moving in a landslip on Clovelly Rd, in the eastern Auckland suburb of Bucklands Beach. Sir Barry owns two of the apartments, worth about $2 million.

Sir Barry would not comment, but is understood to have been battling his insurance company for four years since he first discovered a crack in his home.

It is understood he and State Insurance representatives recently met for mediation with lawyers for both sides, but nothing was resolved. So now the former mayor of 24 years has signalled that he will lodge a civil claim in the High Court at Auckland.

State Insurance said it could not comment about any client without written permission.

Shortly after the landslide, a large fence was built around the area to stop people entering.

Roy Goodyear, who rented a unit from Sir Barry, said he sympathised with his landlord and the long drawn-out process. "I feel for him so badly," he said. "I know he's a very frustrated man."

Goodyear is staying with friends in Pakuranga while he decides what to do. He has only just been able to get personal property out of storage after movers packed it in September.

On the night of the slip, Goodyear and his 90-year-old mother, Kathleen Clayton, had just 20 minutes to grab what possessions they could and get out.

It is understood the Earthquake Commission has already paid up to $1.5m in compensation to affected homeowners on the road.

Steve Wilton, the owner of Mortgage Minders, owns the third apartment attached to Sir Barry's two apartments and said the Earthquake Commission and his private insurer Vero Insurance had promptly accepted his claims.

However, he was waiting for issues to be resolved with Sir Barry's insurer over his two apartments before he and Vero could fully decide how to resolve their claim.

Wilton could receive a lump-sum payment, rebuild the property on the site or at another location - but it all depends on what happens with Sir Barry's two apartments before he knows what he can do with his. "It's frustrating," said Wilton.

One of the affected houses is owned by a couple based in Beijing, Grace Fang, chief executive of an architectural company, and her husband Zijian Zhang, a TV actor.

A family friend, Brian Doyle, said the couple hoped to be able to move back into the house later this year.

They had been investigating, with a lawyer, if they were properly informed about the issues with the area before purchasing the home. "They bought it blind and have not been able to live in it," Doyle added.

Meanwhile, Manukau City Council environmental operations group manager Carole Todd said that the land continued to move at Clovelly Rd.

She understood the community's frustration, but said the council's geotechnical experts had been advising them every step of the way.

"We don't know when the land will come down, but it will," she said. "What we can be sure of is that the land is shifting, fence lines have moved, roof tiles are lifting and the cliff below is showing definite signs of movement."

The council has spent almost $58,000 on security, fencing and signs.