Danny Cancian and his company Bella Vista Homes Ltd faced charges over the failed subdivision. Photo / File
Danny Cancian and his company Bella Vista Homes Ltd faced charges over the failed subdivision. Photo / File
The developer and company behind the Bella Vista Homes subdivision have been convicted of breaching the Building Act in relation to three of the properties in the failed development.
After a five-week judge-alone trial, Judge Paul Mabey QC has released his written verdicts today in relation to charges laid by Tauranga City Council against developer Danny Cancian and his company Bella Vista Homes Limited, Bruce Cameron and his company The Engineer Limited, and bricklayer Darrel Joseph.
All the charges related to allegedly carrying out building work not in accordance with the Building Act, in particular not in line with a building consent and/or approved plans.
The council brought charges against the five defendants after 21 houses in various stages of completion in The Lakes were evacuated in March 2018.
Cancian and Bella Vista Homes Ltd, which is now in liquidation, each defended seven charges.
The council alleged block foundation walls at 297, 297A, 299, 301, 301A, and 307 Lakes Boulevard were not constructed in accordance with approved plans.
This included alleged defects in the steel reinforcing and the wall footings in some rear walls were inadequately sized to resist soil loads.
The council alleged the timber cladding system at 5 Aneta Way was not built in line with approved building plans, the building consent, nor to the manufacturer's requirements.
Judge Mabey found Cancian and Bella Vista Homes guilty of three charges and convicted them in relation to non-compliant works at 297 and 301 Lakes Boulevard and 5 Aneta Way.
The two defendants were acquitted on four charges relating to alleged non-compliance works at 297A, 299, 301A Lakes Boulevard.
Joseph has been convicted of the three charges he defended, which related to blocklaying at 297, 299 and 307 Lakes Boulevard.
His convictions related to defects in block walls and foundations including inadequate wall footings and reinforcing steel at those three properties.
Cameron and The Engineer Ltd were found guilty of six of the same charges each, relating to non-compliance works at numbers 297, 301, 303 and 307 Lakes Boulevard.
Judge Mabey said Cameron had failed in his duty as an engineer at a "high level" in respect to some of those failures.
The now empty site where the Bella Vista Homes were built at The Lakes. Photo / File
Judge Mabey said the charges concerned alleged breaches of the Building Act but the prosecution was not about why the Bella Vista subdivision failed.
Judge Mabey set a nominal sentencing date of January 22.
The 5 defendants' original charges
Bella Vista Homes Ltd:
Seven charges of breaching building consent in relation to 5 Aneta Way and 307, 297, 297a, 299, 301 and 301a Lakes Boulevard, in particular: foundation walls not constructed as per approved plans; inadequate ground-bearing capacity; misplaced or absent reinforcing steel; inadequate wall footing; wall heights exceeding approved plans; timber cladding or cladding system not constructed as per plans, consent specifications and NZ Building Code - specifically incorrect formation of external corners and failure to provide a position for drainage; and cut ends of timber weatherboards not fully primed.
Seven charges of breaching building consent in relation to 5 Aneta Way and 307, 297, 297a, 299, 301 and 301a Lakes Boulevard, in particular: foundation walls not constructed as per approved plans; inadequate ground-bearing capacity; misplaced or absent reinforcing steel; inadequate wall footing; wall heights exceeding approved plans; timber cladding or cladding system not constructed as per plans, consent specifications and NZ Building Code - specifically incorrect formation of external corners and failure to provide a position for drainage; and cut ends of timber weatherboards not fully primed.
The Engineer Ltd
Six charges of breaching building consent in relation to 307, 301, 303, 307 and 297 Lakes Boulevard in particular: foundation walls not constructed as per approved plans; inadequate ground-bearing capacity; misplaced or absent reinforcing steel; and wall heights exceeding approved plans.
Bruce Cameron, director of The Engineer Ltd:
Six charges of breaching building consent in relation to 307, 301, 303, 307, 297, and 301 Lakes Boulevard, in particular: foundation walls not constructed as per approved plans; inadequate ground-bearing capacity; misplaced reinforcing steel; inadequate wall footing; and wall heights exceeding approved plans.
Three charges of breaching building consent in relation to 297, 299 and 307 Lakes Boulevard, in particular: foundation walls not constructed as per approved plans; inadequate wall footing; misplaced or absent reinforcing steel; and wall heights exceeding approved plans.
