Landlord fined over collapsed West Auckland deck

Five people were taken to hospital after the deck of the West Auckland house collapsed during a party. Photo / Greg Bowker

The tenant of a West Auckland property where a deck collapsed during a birthday celebration says he is planning on buying the property, a week after his landlord was fined over the incident.

Last Friday, Mark Tresham was fined $4500 at Waitakere District Court and ordered to pay $130 court costs.

He was prosecuted after a council investigation into the collapse found the deck was not compliant with the Building Code and had no building consent.

It collapsed during an 80th birthday party in Te Atatu, in September 2014, sending 13 people, including eight children, plunging to the ground. All escaped serious injury in the 3m fall, but five people received hospital treatment.

An Auckland Council investigation found the deck was fixed to the house with nails only, rather than being bolted adequately as required by the Building Code.

Ola Maha says his son James, 8, suffered only "a sore bum" when the deck behind them collapsed in West Auckland. Photo / Greg Bowker

At the time of the incident, Ola Maha, 40, said he and around 20 family members had just finished saying grace at his aunt's birthday party when the deck of his parents' two-storey home gave way around 4.20pm on September 14.

Most of the adults were in the living room, and reported hearing a "big bang", and looked over to see the kids were gone.

Mr Maha today told NZME. that he used to live at the property with his parents, but they moved out after the deck collapsed.

He now lives in the upstairs property with his wife and young son, and his brother occupies the bottom flat.

Mr Maha said he had made an offer on the property, subject to the deck being fixed, and the deal was due to go unconditional next Friday.

The deck was fixed last Thursday, and Mr Maha said he was just waiting for council sign off . "[It's] much, much safer than before."

Comment was being sought from Mr Tresham.