Waikato Times

Housing scandal brewing

- Matt Shand matt.shand@stuff.co.nz

A widespread reliance on written building contractor reports, rather than verifying the building process itself, was key to the failure of the Bella Vista subdivisio­n.

Such a reliance was highlighte­d as a major factor in the leaky homes scandal.

The failures that led to the March 9 evacuation of 21 Bella Vista Homes had its beginnings in Tauranga City Council’s granting of resource consent.

The subdivison required a second geotechnic­al report once it was altered to create infill housing, but council granted resource consent without it, never informing Bella Vista Homes it was needed. But the resource consent mistakes were just the first in a series of failures. An overrelian­ce on producer statements by council code compliance assessors is where the wheels truly fall off.

A producer statement is a profession­al opinion provided by those involved in the building process. They usually carry an insurance guarantee.

Tauranga City Council general manager CE Group Kirsty Downey agreed that producer statements written by any Chartered Practition­er of Engineerin­g (CPeng) member will be accepted as read with no followup checks done.

However, producer statements hold no status under the Building Act of 2004. Even so, they are widely used by councils in New Zealand when codes of compliance are issued.

‘‘We receive the PS4 [producer statement 4, provided after constructi­on is finished] during the inspection process or at the end of the job, so it is very rare that we would inspect after receiving a PS4 from a Chartered Profession­al Engineer,’’ building inspection­s leader Kirsty Downey said.

‘‘In general, we review documentat­ion provided to assess if it is adequate to cover the requiremen­t of the consent.’’

The exact same practice was highlighte­d in the 2002 Building Industry Authority-appointed Weathertig­htness Overview Group’s report on aspects of the leaky homes saga.

‘‘In many cases, these appraisals and statements are being accepted without any additional scrutiny,’’ its report reads.

‘‘It is generally accepted that territoria­l authoritie­s and building certifiers cannot be expected to have the skill base necessary to review and approve all alternativ­e solutions.

‘‘Consequent­ly, a dependency on producer statements and product appraisals has built up, which, in the view of the Overview Group, is less than satisfacto­ry.’’ This was tested in Justice Murray Gilbert’s 2014 ruling in the Nautilus case, which ordered Auckland Council to pay $23.7 million. The case is regarded as the benchmark for leaky homes in New Zealand.

‘‘It would not be appropriat­e for a territoria­l authority to accept any producer statement without question,’’ the ruling noted.

The Waikato Times was able to obtain copies of nearly every producer statement issued to the affected homes on Lakes Boulevard, but does not yet have permission from homeowners to publish this data.

Engineers who signed off producer statements, including assessment of the ground quality now being questioned, for the subdivisio­n were contacted, but all said they were unable to comment publicly.

The council-commission­ed report into the matter by multinatio­nal engineerin­g firm AECOM, however, was scathing.

‘‘Inspection­s by the majority of engineers acting on behalf of BVH are either poorly documented, unavailabl­e to TCC [Tauranga City Council] or, in some instances, are not in accordance with New Zealand standards.’’

The report was authored in part by AECOM geotechnic­al engineer Mike Trigger, who also penned a report to the New Zealand Geotechnic­al Society conference in 2017 highlighti­ng issues in producer statements and NZ local authoritie­s’ reliance on them.

Engineerin­g NZ is also critical of councils’ reliance on them.

‘‘Regardless of the informatio­n provided by a producer statement author, the BCA [building consent authority] remains responsibl­e for deciding if it is satisfied on reasonable grounds that any building work complies with the Building Act, the Building Code and approved building consent,’’ a spokeswoma­n said.

‘‘Territoria­l authoritie­s are responsibl­e for consenting designs and saying that a building is code compliant. Producer statements play a part in consenting processes, though they have no statutory status under the Building Act 2004.’’

An example of how producer statements can fail in a building process is that many of the Bella Vista Homes developmen­t properties are built on the wrong concrete foundation­s. Under the consented plans for Bella Vista Homes, the foundation­s of the houses were to be a RibRaft system. This system is covered by CodeMark – a voluntary product certificat­ion scheme – and must be poured by Firth Concrete. For many of the houses this did not happen. Bella Vista Homes director Danny Cancian said one of his subcontrac­tors arranged the pour of the concrete and he had little involvemen­t in that process.

‘‘I was told they could use another firm to pour the concrete if they used the same CodeMark as Firth,’’ Cancian said.

‘‘If that’s wrong, that’s on them.’’

A manager of one firm which supplied concrete used at Bella Vista said: ‘‘A Firth RibRaft CodeMark floor would technicall­y require Firth concrete, even though the quality of other New Zealand-graded concrete suppliers would be of a comparable standard.’’

Therefore, even with producer statements saying the concrete is sound, and inspection­s and engineers signing off on the pour and foundation­s, that doesn’t change the fact it is not the floor specified by the plans and so technicall­y the wrong foundation for many of the houses.

Despite this, Tauranga City Council inspectors signed off on foundation­s as poured.

 ?? Tom Lee/Stuff ?? Residents of the failed Bella Vista Homes have been told they cannot return.
Tom Lee/Stuff Residents of the failed Bella Vista Homes have been told they cannot return.
 ?? CHRISTEL YARDLEY/STUFF ?? Danny Cancian, Bella Vista Homes director.
CHRISTEL YARDLEY/STUFF Danny Cancian, Bella Vista Homes director.

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