'Sinking land' property case in court

The ongoing saga of the Western Rd "sinking land" subdivision will move to the courts tomorrow.

The Rotorua District Council issued building consents and code of compliance certificates for three properties in the Oakland Estate subdivision developed by former councillor Geoff Kenny at Ngongotaha.

However, about 16 months ago the Department of Building and Housing reversed the consents and compliance certificates.

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

The Rotorua District Council appealed the reversal and that appeal hearing will be held in the Rotorua District Court tomorrow and Thursday before Judge Chris McGuire.

The properties are owned by Grant Collins and Shirley Vos, John and Eileen Grundy and Katy and Richard Davis.

In March Mr Collins told the Rotorua Daily Post he was looking forward to finally having his day in court "so we can get on with our lives".

He and the other homeowners have also spoken previously about the toll the saga had taken on their lives and health, after the values of their new homes plummeted.

Rotorua District Council chief executive Peter Guerin has previously stated the council wanted the best outcome for the owners and Rotorua ratepayers.