Auckland Art Gallery staff preparing to shift hundreds of artworks after the basement storage space flooded. Photo / Supplied
Auckland Art Gallery staff preparing to shift hundreds of artworks after the basement storage space flooded. Photo / Supplied
Take plenty of photos and don’t do any remedial work until you’ve talked to your insurer - that’s advice to Auckland homeowners impacted by flooding from a lawyer who specialises in building law.
Morgan Brady, a senior associate at Tompkins Wake, advised affected homeowners to first contact their insurer andtake photos as a helpful record of damage and impact, both for their insurance company and their own records for later down the recovery track.
For homeowners who might disagree with any red or yellow sticker status assigned to their homes under a local authority emergency inspection process, she cautioned that while a resolution avenue is available through the Ministry for Business, Innovation and Employment, that will be something for the future.
As of Sunday night, 40 properties had been red-stickered, 151 yellow stickered and 366 white stickered. White stickers mean no significant damage.
Trying to get financial compensation from Auckland Council for damages would probably be a tough challenge, Brady said.
Auckland homes would be inspected under the powers of the Civil Defence Act or the Building Act’s emergency management provisions.
If a house had been issued a yellow sticker, it was an indication of moderate damage or a reason to restrict access, Brady said. The notice would either restrict access to a certain area of the home or restrict access for a certain time, for example, to allow a window of time to collect belongings.
A red sticker meant the property could not be used or accessed without the consent of Auckland Council.
Both notices were standard under the two Acts and should carry explanations of what they mean, Brady said.
They both indicated remedial work might be needed. A red sticker did not automatically condemn a house.
In past emergency events, local authorities had stood up a communications line for affected residents to call.
Brady was not sure Auckland Council had done that yet.
“So at this stage getting hold of the council might be difficult.”
While homeowners should not undertake any work until they’d talked to their insurer, steps they could take to help themselves if damage was significant included getting a surveyor or engineer to the property.
“This is because the council might later ask you to give them a report on (remedial work) progress. With more minor damage it might be that you get a builder in to have a look.”
Brady said a private report may not be needed however.
“It depends on the specific issue with your property. The notice indicates a concern. They can lower the classification later. All they have done is a rapid impact assessment, a 20 minute visual review of the property.”
Taking photos was advised whatever the situation. Homeowners with damaged houses not yet visited by an inspector could consider calling in independent professional geotechnical or engineering advice for a report on the extent and type of damage.
Actions by Auckland Council inspectors could be taken under either Act. The provisions of both Acts applied throughout the country, to whatever the territorial authority, Brady said.
Large slips and erosion near properties at Hobson Bay on Auckland's waterfront in the aftermath of storms and flooding. Photo / Alex Burton
Asked if Auckland Council could be open to compensation claims for its residential decisions, Brady said this was a possibility if the council had failed to mention a risk or issue in a LIM report.
“But I wouldn’t be putting eggs in that basket. This is an unprecedented event. It would be difficult to get compensation from the council unless they make some available for people who are uninsured. But it’s not going to be an easy route to get the council to make funds available.”
Any disputes between a homeowner and the council over council rulings and decisions on a home would come later, she said.
Disputes were likely to be over the extent and level of remedial work required, not over the issuing of a red or yellow ticket.
“Disputes are likely to be done through a determination process by MBIE. People can make an application for a determination to MBIE and they will review the council’s decision. But that’s likely to be later.”
