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An investigation into an accident in which a man fell from an apartment and suffered life-threatening injuries has found that a planned wall for the roof was never built.
Glenn Marsh, the brother of TV3 weather presenter Toni Marsh, is in an induced coma in Auckland Hospital after he fell from the first-floor outdoor terrace in the central city.
The 37-year-old was still listed in a critical condition yesterday.
The apartment belongs to property developer David Southcombe, who lives there with his fiancee, reality TV star Aja Rock.
Southcombe and Rock were hosting a party on a Friday night two weeks ago which carried on well into Saturday morning. The couple had just arrived back from Rock's son's soccer match, when Marsh, an Auckland DJ, fell about 11am.
Neighbours heard loud music and saw people dancing on the roof terrace.
The Herald on Sunday understands Rock's former partner, William Murdoch, contacted the council about 11 months ago, concerned that the couple was living in a commercial premises on the corner of Great North Rd and Turakina St.
Murdoch and Rock have a young child together.
The Auckland City Council has since launched an inquiry into the lack of railings - a glass barrier was only erected six days after the incident.
The council's manager of building control, Ian McCormick, said the building was still under construction and had five approved building consents. Architect plans obtained by the Herald on Sunday show a metre-high, solid masonry balustrade wall was supposed to be constructed on the roof top of the property.
McCormick said the lack of wall was a breach of the Building Code.
"It is a code requirement to have a railing on an area that offers a fall over a certain height," said McCormick.
"And there is a requirement for a building consent for works that include that area, as a result the building consent that was issued obviously required a wall."
The inquiry was ongoing, said McCormick and would focus on whether:
The building works are being conducted in accordance with the consent and plans.
To what extent, if any, the lack of building feature contributed to the accident.
Southcombe and Rock had "co-operated fully" with the council, said McCormick.
The couple declined to comment, as did their lawyer, Stuart Cummings.
Last week, Cummings told the Herald on Sunday: "It's an absolute tragedy. Their hearts go out to the family of the victim, and they want people to concentrate their thoughts on him.
"Their thoughts are on the poor guy who has suffered a serious injury, and his family who will be grieving for his injury."
A distraught Toni Marsh, who has been off work since the accident, has declined to comment.
