KEY POINTS:
Rain has become an enemy to the residents of Mulberry Place. They are battling North Shore City Council to buy the land from them, before it slips out from under them in the next downpour.
More than six months after winter rains caused a landslide in their Glenfield street, forcing two houses to be condemned, remaining residents are still pleading for the council to buy their homes.
They believe they have proof the council is liable: a letter written by council lawyers in 1982 admits the council could be liable for allowing building that destabilised the hillside.
Kathy Torkington bought her house, at 1 Mulberry Place in 2002, but only after extensive consultation with council to ensure it was safe.
Now she and her neighbours want to leave before any more slips put them or their homes at risk.
She obtained the legal letter, from Butler, White and Hanna solicitors and addressed to the city manager of what was then Takapuna City Council, outlining details of a site inspection by council officers. It suggests ways the council may be able to "reduce the risks of incurring legal liability".
The letter advises that council should not look to any individual landowner for the cost of or a contribution towards "make safe works" to Mulberry Place.
It reads that "legally speaking, the council is at risk" from the actions of the former Waitemata County Council for allowing building on the land that resulted in "major alterations to the ground profiles".
The letter states that underground water is the cause of the land's trouble, but adds: "Nevertheless, it is obvious, even to a layman, that serious damage is more than likely, if a do-nothing policy is pursued".
On Tuesday, Torkington and several of her neighbours presented the letter and other documents to the council's Strategy and Finance Committee but were disappointed to be offered mediation.
"This is council's problem and they need to buy these houses, they need to demolish them so there can't be any more victims," she said.
In August 2006, Torkington and her neighbours became concerned about the deterioration of the land above their properties and told the council.
"Then in July 2008 it split in half and everything fell down," she said. "The road split in half and six metres of ground just slid down. The cracks opened up like a piano accordion."
Now, exhausted after a further six months of negotiating with council, Torkington fears for her home every time it rains.
Adding to the stress, the residents had their insurance revoked last November, leaving them without cover.
They have the support of Glenfield Community Board member David Thornton who says: "Why mediate? The facts are clear
They can't stabilise the hill correctly with these houses still here. All the council's doing is playing for time."
Calls to mayor Andrew Williams were returned by Grant Gillon, chairman of the Strategy and Finance Committee.
Gillon conceded the land "has shown a tendency to slip in the past and that has not been rectified yet so we need to keep an eye on it".
He said the council was determined to help the residents.
He was surprised to hear the residents had declined mediation, which was necessary under council protocol to ensure every option could be assessed.
The council's most recent engineering report into the road would be released next week, he said.
