This Bellingham Cres property owned by Stephen Bhana was ruled dangerous and unsanitary and has since been demolished by the Rotorua Lakes Council. Photo / Ben Fraser
This Bellingham Cres property owned by Stephen Bhana was ruled dangerous and unsanitary and has since been demolished by the Rotorua Lakes Council. Photo / Ben Fraser
A Rotorua landlord has been ordered to pay more than $50,000 plus interest after losing a long-running battle over a “dangerous and insanitary” property in Fordlands.
Stephen Chiman Hira Bhana has been told by a Rotorua District Court judge he must pay Rotorua Lakes Council $46,497.49 plus interest forthe costs incurred to demolish the property. Bhana must also pay the council’s court costs of $4488.50.
Court documents released to the Rotorua Daily Post showed Bhana was served two written notices under the Building Act 2004 in late 2019, advising his duplex building and a garage on the property at 17A and 17B Bellingham Cres in Rotorua were “dangerous and insanitary” and required him to do building work to remedy it.
The work wasn’t done. Rotorua Lakes Council took action on May 17, 2022, ordering Bhana to demolish the garage and duplex. He was told to remove any materials and leave the site clean.
Bhana was told he had until August 1, 2022, to complete the work and if it was not done, the council would do it and Bhana would incur the cost. To secure payment, a charge could be registered against the land, Bhana was told.
The court documents said Bhana started the demolition process on June 13, 2022, but the work was not finished by the deadline and a “substantial amount” of the building remained.
Between August 2, 2022, and April 28, 2023, the council completed the work. It was done in two stages.
The council’s lawyer wrote to Bhana on December 22, 2022, with a formal demand for payment of the first two invoices relating to the first stage of work, totalling $70,659.45, which Bhana paid.
The court documents said council inspectors found asbestos products broken during Bhana’s partial demolition on the ground, and a report needed to be done to see if it was safe to finish the work.
Tests did not detect asbestos in the soil but found metal levels exceeded guidelines. Soils at various testing locations were also affected by elevated arsenic levels.
The report advised the council to make a remediation plan.
How the site at 17A and 17B Bellingham Cres looks today. Photo / Andrew Warner
The council paid $11,977.29 for the report. It asked the same company to finish the demolition and clean the site.
Demolition debris, green waste, rubbish and foundations were removed from the site and the company also sprayed for noxious weeds and ensured Bhana’s demolition debris piles were covered. That final work cost $34,120.50.
A demand was sent to Bhana to pay the full amount by May 26 but there were issues with emailing him. The demand was delivered in person on May 31 and the council extended the date for full payment to June 9.
No money was received so the council issued a statement of claim in the Rotorua District Court on August 11.
Judge Greg Hollister-Jones said in an oral judgement dated January 16 that Bhana was advised of the statement of claim on August 18 but no opposition was filed.
The court emailed Bhana on October 30 advising a Rotorua District Court hearing would be held on January 16. The email address was one Bhana regularly used, the judgement said.
Bhana did not attend the January hearing and nothing was filed in his defence.
Judge Hollister-Jones said given Bhana’s failure to defend the proceeding, he ruled Bhana must pay the council the money.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
