Whanganui Chronicle
  • Whanganui Chronicle home
  • Latest news
  • Sport
  • Business
  • Opinion
  • Lifestyle
  • Property
  • Death notices
  • Classifieds

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • On The Up
  • Sport
  • Business
  • Opinion
  • Lifestyle
  • Property
    • All Property
    • Residential property listings
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology

Locations

  • Taranaki
  • National Park
  • Whakapapa
  • Ohakune
  • Raetihi
  • Taihape
  • Marton
  • Feilding
  • Palmerston North

Media

  • Video
  • Photo galleries
  • Today's Paper - E-Editions
  • Photo sales
  • Classifieds

Weather

  • New Plymouth
  • Whanganui
  • Palmertson North
  • Levin

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Whanganui Chronicle

Family lose court battle over landslide property damage

By Robin Martin
RNZ·
17 Sep, 2019 02:23 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Mark and Nichola Goodier at the slip on their property in 2015. Photo: RNZ / Robin Martin

Mark and Nichola Goodier at the slip on their property in 2015. Photo: RNZ / Robin Martin

By Robin Martin, RNZ

A Whanganui couple's four-year fight battle with EQC after a third of their property was lost in a landslide during the 2015 flood event has ended in failure.

The High Court has ruled that damage to Mark and Nichola Goodiers' Bastia Hill house was not caused by the slip.

The Goodiers argued that repairs to their house and garage would cost more than $500,000, but their insurer IAG could not pay out unless EQC first met a $115,000 cap for damage to the house.

EQC only paid out $38,000 for the house, and made land-related payments of about $100,000.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

IAG paid $41,000 for damage to the driveway.

The court agreed with EQC's expert witnesses who said that the house was built on solid ground not affected by the landslide.

"The damage to the Goodiers' home and garage did not occur as a result of the natural landslip and is not 'natural disaster damage'," the decision said.

Advertisement
Advertise with NZME.

Over the weekend of 20 and 21 June 2015, a one in 85-year weather event brought torrential rain and floods to Whanganui, resulting in as many as 200 landslips including one at the Goodiers' property on Shakespeare Road.

It washed away a huge chunk of their driveway and the lower slopes beneath it, including retaining walls.

On 30 June, the Whanganui District Council red-stickered the building and required the Goodiers to leave the property because their house was considered dangerous and uninhabitable.

The Goodiers argued that the landslip, which claimed land within eight metres of their house, damaged the garage and house as well as taking away land.

Discover more

Two get chop for karate champs

17 Sep 05:00 PM

Subaru dominate hill climb heroics

17 Sep 05:00 PM

Argument in the High Court focussed on whether this was the case or not.

The Goodiers' counsel Grant Shand presented evidence from 24 lay witnesses - including the couple and their son Louis - who compared the condition of the house before and after the slip, presenting a long list of defects.

A structural engineer and building inspector for the Goodiers argued the landslide had caused sloping of the lounge floor, the warping of walls and doorframes, and that the garage slab had cracked because of it, among other faults.

The Goodiers' structural engineer proposed "vibration theory" as evidence that the landslide had damaged the home but had to accept under cross-examination "he was not an expert engineering geologist or a geotechnical engineer, and ultimately could not provide an explanation as to how or what caused" the damage claimed.

The family did not call a geotechnical expert witness.

Counsel for EQC and IAG said in the absence of any specialist geotechnical or engineering geologist evidence identifying how the landslide had caused the damage, the Goodiers had not proved their case.

Advertisement
Advertise with NZME.

Their specialist geotechnical evidence said the house itself was built on stiff and stable soil structures.

"This is because the house site was excavated into competent ground which remained unaffected by the landslip," the decision said.

Justice Cull noted in the decision that the insurers' provided the only geotechnical evidence and "it was not substantively or effectively challenged".

"I reject Mr Csiba's "vibration theory" as a mechanism for the cause of damage. Mr Csiba, as he concedes, is not a geotechnical engineer and his theory was advanced without any reasoning or supporting engineering data or research."

The experts agreed soils under the southwest corner of the garage had slumped, but the insurers witnesses argued a pile there had not been supporting the garage anyhow. Similarly, they said a pile below the lounge has settled independently from the slip, causing the sloping there.

They said damage to the house was for the most part historical, which reflected the complexity of the three-level design, with its split-level floors, and that a beam supporting the upper floors was deformed and the building had inadequate lateral bracing.

Advertisement
Advertise with NZME.

In her summary, Justice Cull found the damage to the Goodiers' home and garage did not occur as a result of the natural landslip and was not "natural disaster damage".

Justice Cull said EQC and IAG had no further liability other than that which they had already accepted.

The Goodiers, their counsel Grant Shand and EQC have been asked for comment.

The family are yet to comment on the decision.

- RNZ

Save

    Share this article

Latest from Whanganui Chronicle

Whanganui Chronicle

Kaierau A2 and Waimarino draw in thrilling Premier 2 netball clash

18 Jun 04:00 PM
Whanganui Chronicle

Family selling their ski chalet to get better parking spot for their plane

18 Jun 07:25 AM
Whanganui Chronicle

Mayor raises alarm over Taranaki seabed mining proposal

18 Jun 01:57 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from Whanganui Chronicle

Kaierau A2 and Waimarino draw in thrilling Premier 2 netball clash

Kaierau A2 and Waimarino draw in thrilling Premier 2 netball clash

18 Jun 04:00 PM

The second round robin gets under way next week.

Family selling their ski chalet to get better parking spot for their plane

Family selling their ski chalet to get better parking spot for their plane

18 Jun 07:25 AM
Mayor raises alarm over Taranaki seabed mining proposal

Mayor raises alarm over Taranaki seabed mining proposal

18 Jun 01:57 AM
Four injured in crash near Whanganui

Four injured in crash near Whanganui

17 Jun 10:34 PM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • Whanganui Chronicle e-edition
  • Manage your print subscription
  • Manage your digital subscription
  • Subscribe to Herald Premium
  • Subscribe to the Whanganui Chronicle
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • Whanganui Chronicle
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • NZME Events
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • © Copyright 2025 NZME Publishing Limited
TOP