The court has heard that homes on Aneta Way were found to have had significant weather tightness issues. Photo / File
The court has heard that homes on Aneta Way were found to have had significant weather tightness issues. Photo / File
A leading building compliance expert called into to assess 21 Bella Vista Homes that subsequently had to be evacuated has described the task and a "mammoth undertaking" with ramifications no one saw coming.
Independent building consultant Rose McLaughlan testified in Tauranga District Court yesterday in the court case surrounding the failed housing development.
Bella Vista Homes Limited, The Engineer Limited, their respective directors Danny Cancian and Bruce Cameron, and bricklayer Darrel Joseph are defending a raft of charges in a judge-alone trial following the evacuation of The Lakes property development in March 2018.
The charges were brought by the Tauranga City Council and relate to the defendants allegedly carrying out building works which were not in accordance with the Building Act, in particular a building consent.
On February 2, 2018, McLaughlan was brought in by the council to assess each Lakes Boulevard and Aneta Way home for defects, subsequently leading to their evacuation on March 9, 2018. After questioning from prosecution counsel Richard Marchant, McLaughlan told the court she had serious concerns at moisture levels reaching - in some parts - in excess of 30 per cent.
"That's fibre saturation of timber, quite wet," McLaughlan said.
The court heard homes that were two or three years old should have a standard moisture level between 10 to 14 per cent, at the maximum.
McLaughlan listed an assortment of issues she discovered, including inappropriate nails that had begun rusting, lack of moisture channels, lack of primer or paint in some parts and "misaligned" weatherboards.
Another example was weatherboards at 5 Aneta Way being built too close to the ground, contributing to moisture issues, the court heard.
McLaughlan said weatherboards should usually measure 150mm from the ground, if the ground was paved, or 225mm if unpaved.
"This was unpaved and they were less than 100mm. I would say 50 or 60mms."
The court heard some wood had visible mildew and in photographs presented in evidence suggested potential beginnings of rot on some pieces of weatherboard.
Judge Mabey put to McLaughlan whether this series of defects from "poor carpentry" rendered the house below-standard for weather tightness to which she replied: "correct".
The court has heard that homes on Aneta Way were found to have had significant weather tightness issues. Photo / File
Judge Mabey continued: "Would a competent supervisor keeping an eye on the job pick up on things ... these sorts of things, would they be obvious to someone who actually knew their trade?"
McLaughlan said: "Yes."
McLaughlin told the court her task of assessing the houses was "a mammoth undertaking in a short timeframe".
"No one expected those houses to be evacuated ... It was a very, very short timeframe to produce reports for 21 houses."
Under cross-examination, Cancian's defence counsel Bill Nabney put to McLaughlan that it was entirely possible that the issue of weatherboards allegedly not being primed was not necessarily the builder's fault if he was not there and someone else carried out the work.
"You would rely on the people doing the work?" Nabney said.
McLaughlan said: "If you're asking me if I was LBP [Licenced Building Practioner] signing off other people's work, I'd be checking it."
Cameron's defence counsel Noel King questioned McLaughlan on issues she identified with regarding blockwork and reinforcing steel at some homes. He asked if she agreed if issues such as steel being cut without treatment could have happened after a pre-pour inspection. To which, she replied she did.
Judge Mabey then put to McLaughlin whether there was still a final inspection in which those issues should have been picked up on and a PS4 (Producer Statement Construction Review) should not have been issued, to which she said "yes".
