Happy to 'get on' with lives

Grant Collins and Shirley Vos

It's certainly not compensation but it allows us to move on. ... It has taken its toll on the health of all of us. We have purchased another property in Rotorua. We have downsized and downgraded. We can't replace what we had.

Richard and Katy Davis

We are pleased we are able to finally move on but we will be sad to leave our home where we have raised both our kids. We weren't fully happy with the settlement but to move on we took it.

We needed the nightmare to end. We are pleased we no longer own a sinking home. We have yet to find a home. We would like to stay in Ngongotaha. We are struggling to go from a new house to an older, smaller home. Ideally we would love to build again but it would involve a bigger mortgage to what we had here. The reason we built was to get exactly what we wanted.

We are practically having to start again.

John and Eileen Grundy

We are relieved after three years of what we consider to be unnecessary stress and strain. We have got a settlement which does allow us to move forward and get on with our lives.

This was only achievable because of the constant support that we have had from the Rotorua Daily Post, the people of Rotorua, as well as many people from various parts of New Zealand. We still intend to stay in Rotorua because people have been so supportive of our situation. We have already got a contract on a house in Springfield.

Property owners may seek costs

In June 2011 three Western Rd property owners Grant Collins and his partner Shirley Vos, John and Eileen Grundy and Richard and Katy Davis went to the Department of Building and Housing to challenge the way their building consents and code of compliance certificates were issued.

Subsidence had caused damage ranging from uneven floors and loose bricks to doors and windows which would barely close and cracks in foundation walls in their homes.

At the end of 2011 the Department of Building and Housing reversed the consents and code of compliance certificates.

The Rotorua District Council appealed the reversals. An appeal was heard before Judge Chris McGuire in the Rotorua District Court in May and he reserved his decision.

However, last week the council abandoned the appeal and it was dismissed by Judge McGuire.

He has granted leave for parties involved to seek costs.

Council chief executive Geoff Williams said the settlement had overtaken the appeal.

"In the meantime residents can have every confidence that council processes relating to consents and code compliance certificates are very sound... Our systems and practices have recently undergone a very rigorous independent assessment and audit by International Accreditation New Zealand and we received a clean bill of health as an accredited Building Consent Authority. Since the Oakland Estate issues arose we have also substantially increased requirements around geotechnical assessments for consent application purposes."

The property owners were surprised at the council abandoning the appeal.

"It's gutless. It's an absolutely huge waste of ratepayers' money... Were they trying to drive us over the edge so we would walk away?" Mr Collins said.

The property owners spoke of the stress of having to go to court and the time taken for the council to abandon its appeal.

Mr Collins, who put more than 2000 hours of his time into preparing their case, was still to decide whether to seek costs.

The Grundys don't plan to seek costs while the Davis family are still to decide.