Residents in one of Auckland's most expensive waterfront apartments say some units leak and are taking a claim against the parties involved.
Owners of two apartments in the 64-unit, $40 million Quays alongside the Sebel Suites Auckland in the Viaduct Harbour are before the Government's Weathertight Homes Resolution Service, seeking money for repairs.
Developer Nigel McKenna, of Melview Developments, said it would be wrong to say The Quays leaked.
He blamed others for the problems but said he would fix them if it was proved he was at fault.
The unit owners, Adair and Stuart North and Stephen Turner, sought a WHRS adjudication from David Cardon, who said it was clear from inspecting the properties that water was getting in.
The Quays was built about six years ago by Goodall ABL, which went into liquidation. At that time, Graeme Hill of Goodall ABL pointed the finger at Mr McKenna, blaming the fixed-price contract on The Quays that resulted in estimated losses of $3 million.
Mr McKenna rejected the criticism then, saying many other developers used fixed-price contracts.
After that controversy died down, more problems emerged such as leaks in parts of the upper levels of The Quays as well as in the carparking and storage areas.
In a procedural order on The Quays, Mr Cardon said Mr North had described water "pouring through the downlights to the kitchen".
He ruled the block's iron roof was showing signs of rusting and loose and rusting fixing bolts were allowing water to penetrate.
Parties named in the WHRS case are Melview The Quays and Promanco Kenman (Auckland) - both associated with Mr McKenna - architects Peddle Thorp Aitken, engineers Holmes Consulting Group, Auckland City Council, window and wall specialists Thermosash Commercial and coating specialists Terracon.
Mr Cardon asked for residents to complete their claims and show evidence to support them. He also called for evidence against the developer.
"If it is claimed that Mr McKenna has some personal liability, there must be some reference to matters implicating him personally in relation to the units," he said.
But he rejected dealing with any claims for common areas such as foyers or hallways. "I cannot order repairs to common property," he said. "The claims I am dealing with under the Weathertight Homes Resolution Service Act relate solely to the individual units of the respective claimants."
As for Mr and Mrs North's claim for $900,000 to have the waterproof membrane fitted above their ceiling, Mr Cardon cited an assessor's report and the possibility of exacerbating problems with the building and particularly increasing the rate and risk of damage to parts of it.
"Accordingly, unless I am persuaded convincingly to the contrary, the claim by Mr and Mrs North for that relief will not be considered as part of this adjudication claim."
Mr McKenna said he was not at fault. "The Quays has been designed to a high standard by a leading international architectural firm. It is a substantial concrete and steel building.
"Some issues have been identified in relation to the building. These are being investigated by a number of parties. Some damage has been caused to the building since its completion and handover by others.
"There also appear to be issues regarding the lack of maintenance by owners. The original development company, Melview The Quays Ltd, is still in existence and remains committed to its development and will fix any problems it is responsible for."