Bella Vista Homes developer and four others convicted of violating the Construction Law

The developer and the company behind the Bella Vista Homes subdivision have been convicted of violating the Building Law in relation to three of the properties in the failed development.

After a five-week trial with just one judge, Judge Paul Mabey QC today released his written verdicts in relation to the charges brought by the Tauranga City Council against developer Danny Cancian and his company Bella Vista Homes Limited, Bruce Cameron and his company The Engineer Limited. and bricklayer Darrel Joseph.

All charges related to the alleged performance of construction works that do not comply with the Construction Law, in particular, that do not comply with a construction consent and / or approved plans.

The council brought charges against the five defendants after 21 homes in various stages of completion in The Lakes were evacuated in March 2018.

Cancian and Bella Vista Homes Ltd, which is now in liquidation, each defended seven charges.

The board alleged that the block foundation walls at 297, 297A, 299, 301, 301A, and 307 Lakes Boulevard were not built according to approved plans.

This included alleged defects in the steel reinforcement and the footings of some rear walls were not of adequate size to withstand the loads from the soil.

The board alleged that the paneling system at 5 Aneta Way was not built in accordance with approved construction plans, construction consent, or manufacturer’s requirements.

Judge Mabey found Cancian and Bella Vista Homes guilty on three counts and convicted in connection with non-compliant construction at 297 and 301 Lakes Boulevard and 5 Aneta Way.

The two defendants were acquitted of four charges related to alleged noncompliance works at 297A, 299, 301A Lakes Boulevard.

Joseph has been convicted of all three charges he defended, related to the blockade at 297, 299 and 307 Lakes Boulevard.

His convictions related to block wall and foundation defects, including inadequate wall foundations and reinforcing steel at those three properties.

Cameron and The Engineer Ltd were found guilty of six of the same charges each, related to non-compliance works at numbers 297, 301, 303 and 307 Lakes Boulevard.

Judge Mabey said that Cameron had failed in his duty as a “senior” engineer with respect to some of those failures.

Judge Mabey said the charges related to alleged violations of the Building Law, but that the indictment did not address why the Bella Vista subdivision failed.

Judge Mabey set a nominal sentencing date of January 22.

The original charges of the 5 defendants

Bella Vista Homes Ltd:

Seven counts of breach of construction consent in relation to 5 Aneta Way and 307, 297, 297a, 299, 301 and 301a Lakes Boulevard, in particular: foundation walls not built to approved plans; inadequate soil bearing capacity; missing or missing reinforcing steel; inadequate wall shoe; wall heights that exceed approved plans; wood siding or siding system not constructed to plans, consent specifications and the New Zealand Building Code – specifically improper formation of external corners and failure to provide a position for drainage; and cut the ends of the wooden boards that are not completely primed.

Danny Cancian, Principal of Bella Vista Homes Ltd

Seven counts of breach of construction consent in relation to 5 Aneta Way and 307, 297, 297a, 299, 301 and 301a Lakes Boulevard, in particular: foundation walls not built to approved plans; inadequate soil bearing capacity; reinforcing steel missing or missing; inadequate wall shoe; wall heights that exceed approved plans; wood siding or siding system not constructed to plans, consent specifications and the New Zealand Building Code – specifically improper external corner formation and failure to provide a position for drainage; and cut the ends of the wood planks that are not completely primed.

Engineer Ltd

Six counts of breach of construction consent in relation to 307, 301, 303, 307 and 297 Lakes Boulevard in particular: foundation walls not built to approved plans; inadequate soil bearing capacity; missing or missing reinforcing steel; and wall heights that exceed approved plans.

Bruce Cameron, Director of The Engineer Ltd:

Six counts of non-compliance with construction consent in connection with 307, 301, 303, 307, 297 and 301 Lakes Boulevard, in particular: foundation walls not built to approved plans; inadequate soil bearing capacity; badly placed reinforcing steel; inadequate wall shoe; and wall heights that exceed approved plans.

Darrel Joseph, Blocklayer

Three counts of breach of construction consent in connection with 297, 299 and 307 Lakes Boulevard, in particular: foundation walls not built to approved plans; inadequate wall shoe; reinforcing steel missing or missing; and wall heights that exceed approved plans.

– More to come