Figures the Bay of Plenty Times obtained last year revealed the council spent more than $1.4 million on legal costs pursuing the prosecution of Cancian, his company, engineer Bruce Cameron and his company The Engineer Ltd, and bricklayer Darryl Joseph.
The result of the court case was an order fining each party – except Bella Vista Homes, which was in liquidation – a collective total of just over $150,000.
There is no mistaking the discrepancy between the finances, which prompts the question: Was pursuing the case worth it?
I believe so.
Someone has to be held accountable for the inadequate work on the buildings these new homeowners bought.
Geotechnical engineer Matthew Packard testified his grave concern at an "unacceptable risk" to the safety of people in homes or working on site beneath significant excavation as part of the development.
Throughout the trial, we heard evidence of shoddy work, bullying tactics and ignorance of concerns raised.
Judge Mabey stuck to the facts as presented before him, relating to those specific charges.
His sentencing reflects this.
However, the sentencing was also limited to a maximum fine of $200,000 under the Building Act and that's only if a person fails to correct previously established non-compliant work. Other fines for breaches of the Act range from $250 to $20,000.
Without legal consequences for such wrong-doing, there's nothing to stop someone else from doing the same.
But I believe such legal consequences need more teeth.
Bella Vista Homes has already avoided penalty because it is in liquidation. In my view, it feels like an easy way out.
Generally speaking, construction cowboys need reeling in but monetary fines of up to $200,000 don't cut it.
It's time to tighten the rules and increase the penalties. Lessons need to be learned and changes made as a result of this sorry saga.
